Carer’s Leave Act, 2001

JurisdictionIreland
CitationIR No. 19/2001


Number 19 of 2001


CARER’S LEAVE ACT 2001

REVISED

Updated to 14 October 2020


This Revised Act is an administrative consolidation of the Carer’s Leave Act 2001. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), enacted 14 October 2020, and all statutory instruments up to and including the Disability, Equality, Human Rights, Integration and Reception (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 436 of 2020), made 13 October 2020, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 19 of 2001


CARER’S LEAVE ACT 2001

REVISED

Updated to 14 October 2020


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Workplace Relations Act 2015 (16/2015)

Local Government Reform Act 2014 (1/2014)

Education and Training Boards Act 2013 (11/2013)

Health Act 2004 (42/2004)

Protection of Employees (Part-Time Work) Act 2001 (45/2001)

Social Welfare Law Reform and Pensions Act 2006 (5/2006)

All Acts up to and including Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), enacted 14 October 2020, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Disability, Equality, Human Rights, Integration and Reception (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 436 of 2020)

All statutory instruments up to and including Disability, Equality, Human Rights, Integration and Reception (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 436 of 2020), made 13 October 2020, were considered in the preparation of this revision.


Number 19 of 2001


CARER’S LEAVE ACT 2001

REVISED

Updated to 14 October 2020


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1.

Short title.

2.

Interpretation.

3.

Regulations.

4.

Voidance or modification of certain provisions in agreements.

5.

Expenses.

PART 2

Carer’s Leave

6.

Entitlement to carer’s leave.

7.

Supplemental provisions to section 6.

8.

Manner in which carer’s leave may be taken.

9.

Notice of carer’s leave.

10.

Confirmation of carer’s leave.

11.

Termination of carer’s leave.

12.

Postponement, curtailment and variation of carer’s leave by parties concerned.

PART 3

Employment Rights

13.

Protection of employment rights.

14.

Return to work.

15.

Right to alternative employment.

16.

Protection of employees from penalisation.

PART 4

Resolution of Disputes

17.

Disputes.

18.

Reference by employer to Minister for Social, Community and Family Affairs on certain issues.

19.

Reference of disputes to rights commissioner.

20.

Appeal from decision of rights commissioner.

21.

[Decision under section 41 or 44 of Workplace Relations Act 2015.]

22.

Enforcement of decisions and determinations.

23.

Appeal to High Court on point of law.

PART 5

Miscellaneous

24.

Service of notices.

25.

Winding up and bankruptcy.

26.

Amendment of Act of 1967.

27.

Amendment of Act of 1977.

28.

Amendment of Organisation of Working Time Act, 1997.

29.

Amendment of National Minimum Wage Act, 2000.

30.

Extension of Protection of Employees (Employers’ Insolvency) Act, 1984.

31.

Maintenance of records.

32.

Inspectors.

33.

Penalties, proceedings, etc.

34.

Review of Act.


Acts Referred to

Adoptive Leave Act, 1995

1995, No. 2

Bankruptcy Act, 1988

1988, No. 27

Civil Service Regulation Act, 1956

1956, No. 46

Companies Act, 1963

1963, No. 33

Companies Acts, 1963 to 1999

Courts Act, 1981

1981, No. 11

Employment Agency Act, 1971

1971, No. 27

Local Government Act, 1941

1941, No. 23

Maternity Protection Act, 1994

1994, No. 34

Minimum Notice and Terms of Employment Act, 1973

1973, No. 4

National Minimum Wage Act, 2000

2000, No. 5

Organisation of Working Time Act, 1997

1997, No. 20

Parental Leave Act, 1998

1998, No. 30

Petty Sessions (Ireland) Act, 1851

1851, c. 93

Protection of Employees (Employers’ Insolvency) Act, 1984

1984, No. 21

Redundancy Payments Act, 1967

1967, No. 21

Redundancy Payments Acts, 1967 to 1991

Social Welfare Act, 2000

2000, No. 4

Social Welfare (Consolidation) Act, 1993

1993, No. 27

Unfair Dismissals Act, 1977

1977, No. 10

Unfair Dismissals Acts, 1977 to 1993


Number 19 of 2001


CARER’S LEAVE ACT 2001

REVISED

Updated to 14 October 2020


AN ACT TO PROVIDE FOR THE TEMPORARY ABSENCE FROM EMPLOYMENT OF EMPLOYEES FOR THE PURPOSE OF THE PROVISION OF FULL-TIME CARE AND ATTENTION TO A PERSON REQUIRING IT, TO PROTECT THE EMPLOYMENT RIGHTS OF THOSE EMPLOYEES DURING SUCH ABSENCE, AND FOR THAT PURPOSE TO AMEND CERTAIN ENACTMENTS AND TO PROVIDE FOR RELATED MATTERS. [2nd July, 2001]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

C1

Functions transferred and references construed (14.10.2020) by Disability, Equality, Human Rights, Integration and Reception (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 436 of 2020), arts. 2, 3(1)(a), (3) and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.

Note change of name of Department and title of Minister to Department of and Minister for Children, Equality, Disability, Integration and Youth made (15.10.2020) by Children and Youth Affairs (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 437 of 2020), in effect as per art. 1(2).

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Children and Youth Affairs.

(2) References to the Department of Justice and Equality contained in any Act or instrument made under such Act and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Children and Youth Affairs.

3. (1) The functions vested in the Minister for Justice and Equality -

(a) by or under the enactments specified in Schedule 1, and

...

are transferred to the Minister for Children and Youth Affairs.

...

(3) References to the Minister for Justice and Equality contained in any Act or instrument made under such Act, and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Children and Youth Affairs.

SCHEDULE 1

Article 3(1)(a)

Enactments, functions by or under which are transferred from the Minister for Justice and Equality to the Minister for Children and Youth Affairs

...

Carer’s Leave Act 2001 (No. 19 of 2001)

...

C2

Certain functions under Act transferred (1.01.2005) by Health Act 2004 (42/2004), ss. 58, 59(1)-(3) and sch. 3 item 57, S.I. No. 887 of 2004 and S.I. No. 885 of 2004 (establishment day).

Dissolution of health boards and other specified bodies.

58.—The specified bodies are, by this Act, dissolved on the establishment day.

Transfer of functions of specified bodies to Executive.

59.—(1) The functions that...

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