Parent's Leave and Benefit Act 2019

Publication Date:January 01, 2019
 
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Parent's Leave and Benefit Act 2019

2019 35

An Act to entitle certain employees who are relevant parents in relation to a child to employment leave for the purposes of enabling them to provide, or assist in the provision of, care to the child; to entitle certain employees who are surviving parents in relation to a child to employment leave on the death of a relevant parent; to provide for the payment of parent’s benefit to certain persons and, for that purpose, to amend the Social Welfare Consolidation Act 2005; for those purposes to provide for the consequential amendment of certain other enactments; and to provide for related matters.

[24 October 2019]

Be it enacted by the Oireachtas as follows:

1 Preliminary and General

PART 1

Preliminary and General

S-1 Short title and commencement

1 Short title and commencement

(1) This Act may be cited as the Parent’s Leave and Benefit Act 2019.

(2) This Act, other than Part 5, shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

(3) Part 5 shall come into operation on such day or days as the Minister for Employment Affairs and Social Protection may appoint by order or orders either generally or with reference to a particular purpose or provision and different days may be so appointed for different purposes or different provisions.

S-2 Interpretation

2 Interpretation

(1) In this Act—

“Act of 1977” means the Unfair Dismissals Act 1977;

“Act of 1994” means the Maternity Protection Act 1994;

“Act of 1995” means the Adoptive Leave Act 1995;

“Act of 2005” means the Social Welfare Consolidation Act 2005;

“Act of 2010” means the Adoption Act 2010;

“Act of 2015” means the Workplace Relations Act 2015;

“Act of 2016” means the Paternity Leave and Benefit Act 2016;

“additional maternity leave” has the same meaning as it has in the Act of 1994;

“adjudication officer” means a person appointed under section 40 of the Act of 2015;

“adopting father” has the same meaning as it has in the Act of 1995;

“adopting mother” has the same meaning as it has in the Act of 1995;

“birth certificate” means a document issued under section 13(4) of the Civil Registration Act 2004;

“certificate of placement” has the meaning assigned to it by section 13 of the Act of 1995;

“civil partner” shall be construed in accordance with section 3 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;

“cohabitant” shall be construed in accordance with section 172(1) of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;

“contract of employment” means, subject to subsection (2) —

(a)

a contract of service or apprenticeship, or

(b)

any other contract whereby an individual agrees with another person, who is carrying on the business of an employment agency (within the meaning of the Protection of Employees (Temporary Agency Work) Act 2012), and is acting in the course of that business, to do or perform personally any work or service for another person (whether or not that other person is a party to the contract),

whether the contract is express or implied and, if express, whether it is oral or in writing;

“date of confinement” shall be construed in accordance with section 51(1)(b) of the Act of 2005;

“day of placement” means the day on which a child who is, or is to be, adopted is placed physically in the care of the relevant parent with a view to the adoption of the child or, in the case of an intercountry adoption effected outside the State where the child has not previously been placed in the care of the relevant adopting parent, the day on which the child has been so placed following the adoption;

“declaration of eligibility and suitability” has the same meaning as it has in the Act of 2010;

“employed adopting mother” has the same meaning as it has in the Act of 1995;

“employee”, other than in section 25, means a person of any age, who has entered into or works under (or, where the employment has ceased, entered into or worked under) a contract of employment and includes a part-time employee and a fixed-term employee;

“employer”, in relation to an employee—

(a)

means the person with whom the employee has entered into or for whom the employee works under (or, where the employment has ceased, entered into or worked under) a contract of employment, subject to the qualification that the person who under a contract of employment referred to inparagraph (b) of the definition of contract of employment is liable to pay the remuneration of the individual concerned in respect of the work or service concerned shall be deemed to be the individual’s employer, and

(b)

includes, where appropriate, the successor of the employer or an associated employer of the employer;

“expected week of confinement” has the meaning assigned to it by section 47(1)(a) of the Act of 2005;

“fixed-term employee” has the same meaning as it has in the Protection of Employees (Fixed-Term Work) Act 2003;

“intercountry adoption effected outside the State” has the same meaning as it has in the Act of 2010;

“Labour Court” means the body established by section 10 of the Industrial Relations Act 1946;

“maternity leave” has the same meaning as it has in the Act of 1994;

“Minister” means the Minister for Justice and Equality;

“parent’s leave” has the meaning assigned to it by section 5(1);

“part-time employee” has the same meaning as it has in Part 2 of the Protection of Employees (Part-Time Work) Act 2001;

“paternity leave” has the same meaning as it has in the Act of 2016;

“registered medical practitioner” has the same meaning as it has in the Medical Practitioners Act 2007;

“relevant notification” has the meaning assigned to it by section 6(1);

“relevant parent”, in relation to a child, means a person who is—

(a)

in the case of a child who is, or is to be, adopted—

(i)

the adopting mother or sole male adopter of the child,

(ii)

the spouse, civil partner or cohabitant, as the case may be, of the adopting mother or sole male adopter of the child, or

(iii)

where the child is, or is to be, adopted jointly by—

(I)

a married couple of the same sex,

(II)

a couple that are civil partners of each other, or

(III)

a cohabiting couple of the same sex,

each of the couple referred to in clause (I), (II) or (III),

and

(b)

in any other case—

(i)

a parent of the child,

(ii)

the spouse, civil partner or cohabitant, as the case may be, of a parent of the child, or

(iii)

a parent of the child under section 5 of the Children and Family Relationships Act 2015 where the child is a donor-conceived child within the meaning of Part 2 of that Act;

“sole male adopter” has the same meaning as it has in the Act of 1995 and includes, for the purposes of this Act, a person who would be a sole male adopter but for the fact that he is not an employee within the meaning of that Act;

“successor” has the meaning assigned to it by section 20(1)(a);

“surviving parent”, in relation to a child where a relevant parent in relation to the child has died, means—

(a)

in the case of a child who is, or is to be, adopted—

(i)

where the deceased relevant parent was the adopting mother or sole male adopter of the child, the spouse, civil partner or cohabitant, as the case may be, of the adopting mother or sole male adopter of the child,

(ii)

where the deceased relevant parent was the spouse, civil partner or cohabitant, as the case may be, of the adopting mother or sole male adopter of the child, the adopting mother or sole male adopter concerned, or

(iii)

where the deceased relevant parent was a member of a couple referred to inclause (I), (II) or (III) of paragraph (a)(iii) of the definition of relevant parent, the other member of the couple,

and

(b)

in any other case—

(i)

where the deceased relevant parent of the child was a parent referred to inparagraph (b)(i) or (b)(iii), as the case may be, of the definition of relevant parent, the other parent of the child or the spouse, civil partner or cohabitant, as the case may be, of the deceased relevant parent, and

(ii)

where the deceased relevant parent of the child was the spouse, civil partner or cohabitant, as the case may be, of a parent referred to inparagraph (b)(i) or (b)(iii), as the case may be, of the definition of relevant parent, the parent concerned;

“transferred parent’s leave” has the meaning assigned to it by section 16(1);

“transferred paternity leave” has the same meaning as it has in the Act of 2016.

(2) For the purposes of this Act—

(a)

a person holding office under, or in the service of, the State (including a member of the Garda Síochána or the Defence Forces) or otherwise as a civil servant, within the meaning of the Civil Service Regulation Act 1956, shall be deemed to be an employee employed by the State or Government, as the case may be, under a contract of service, and

(b)

an officer or servant of a local authority for the purposes of the Local Government Act 2001, a harbour authority or the Health Service Executive or a member of staff of an education and training board shall be deemed to be an employee employed by the authority, Executive or board, as the case may be, under a contract of service.

(3) For the purposes of this Act, one employer shall be taken to be associated with another employer—

(a)

if one is a body corporate of which the other (whether directly or indirectly) has control, or

(b)

if both are bodies corporate of which a third person (whether directly or indirectly) has control.

(4) A reference in this Act to a child who is, or is to be, adopted is a reference to a child who is, or is to be, the subject of—

(a)

an adoption order within the meaning of the Act of 2010, or

(b)

an intercountry adoption effected outside the State and recognised under that Act.

(5) In this Act, except where the context otherwise requires, a reference to a period of parent’s leave includes a reference to—

(a)

a...

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