Parental Leave (Amendment) Act, 2006

JurisdictionIreland
CitationIR No. 13/2006
Year2006


Number 13 of 2006


PARENTAL LEAVE (AMENDMENT) ACT 2006

REVISED

Updated to 19 July 2019


This revised Act is an administrative consolidation of the Parental Leave (Amendment) Act 2006. 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 Local Government Rates and other Matters Act 2019 (24/2019), enacted 11 July 2019, and all statutory instruments up to and including Parental Leave (Amendment) Act 2019 (Commencement) Order 2019 (S.I. No. 356 of 2019), made 16 July 2019, 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 13 of 2006


PARENTAL LEAVE (AMENDMENT) ACT 2006

REVISED

Updated to 19 July 2019


Introduction

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

Related legislation

Parental Leave Acts 1998 to 2019: this Act is one of a group of Acts included in this collective citation (Parental Leave (Amendment) Act 2019, s. 8(2)). The Acts in the group are:

Parental Leave Act 1998 (30/1998)

Parental Leave (Amendment) Act 2006 (13/2006)

Parental Leave (Amendment) Act 2019 (11/2019)

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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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

Civil Law (Miscellaneous Provisions) Act 2008 (14/2008)

All Acts up to and including Local Government Rates and other Matters Act 2019 (24/2019), enacted 11 July 2019, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Equality, Integration, Disability and Human Rights (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 139 of 2011)

Equality, Integration, Disability and Human Rights (Transfer of Departmental Administration and Ministerial Functions) Order 2010 (S.I. No. 217 of 2010)

All statutory instruments up to and including Parental Leave (Amendment) Act 2019 (Commencement) Order 2019 (S.I. No. 356 of 2019), made 16 July 2019, were considered in the preparation of this revision.


Number 13 of 2006


PARENTAL LEAVE (AMENDMENT) ACT 2006

REVISED

Updated to 19 July 2019


Acts Referred to

Adoptive Leave Act 1995

1995, No. 2

Employment Equality Act 1998

1998, No. 21

Medical Practitioners Act 1978

1978, No. 4

Parental Leave Act 1998

1998, No. 30

Redundancy Payments Acts 1967 to 2003

Unfair Dismissals Acts 1977 to 2005


Number 13 of 2006


PARENTAL LEAVE (AMENDMENT) ACT 2006

REVISED

Updated to 19 July 2019


AN ACT TO AMEND AND EXTEND THE PARENTAL LEAVE ACT 1998.

[18th May, 2006]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

C1

Functions transferred and terms “Department of Community, Equality and Gaeltacht Affairs” and “Minister for Community, Equality and Gaeltacht Affairs” construed (1.04.2011) by Equality, Integration, Disability and Human Rights (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 139 of 2011), arts. 2, 3 and sch., 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 Justice and Law Reform.

(2) References to the Department of Community, Equality and Gaeltacht Affairs contained in any Act or instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be read as references to the Department of Justice and Law Reform.

3. (1) The functions vested in the Minister for Community, Equality and Gaeltacht Affairs by or under any of the Acts mentioned in the Schedule are transferred to the Minister for Justice and Law Reform.

...

(3) References to the Minister for Community, Equality and Gaeltacht Affairs contained in any Act or instrument made under such Act and relating to any functions transferred by this Article shall, from the commencement of this Order, be read as references to the Minister for Justice and Law Reform.

...

SCHEDULE

Article 3(1)

Enactments, functions under which are transferred from the Minister for Community, Equality and Gaeltacht Affairs to the Minister for Justice and Law Reform

...

Parental Leave Acts 1998 and 2006

Editorial Notes:

E1

Previous affecting provision: functions transferred and terms “Department of Justice, Equality and Law Reform” and “Minister for Justice, Equality and Law Reform” construed (1.06.2010) by Equality, Integration, Disability and Human Rights (Transfer of Departmental Administration and Ministerial Functions) Order 2010 (S.I. No. 217 of 2010), arts. 2, 3 and sch., in effect as per art. 1(2); superseded (1.04.2011) by Equality, Integration, Disability and Human Rights (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 139 of 2011) as per C note above.

1

Interpretation.

1.— (1) In this Act—

“Minister” means the Minister for Justice, Equality and Law Reform;

“Principal Act” means the Parental Leave Act 1998.

(2) A reference in this Act to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any other enactment including this Act.

2

Entitlement to parental leave.

2.— The Principal Act is amended by substituting the following for section 6:

“Entitlement to parental leave.

6.— (1) Subject to this Act, an employee who is a relevant parent in respect of a child shall be entitled to leave from his or her employment, to be known and referred to in this Act as ‘parental leave’, for a period of 14 working weeks to enable him or her to take care of the child.

(2) Subject to sections 10(4) and 11(6), a period of parental leave shall end—

(a) subject to paragraphs (b) and (c), not later than the day on which the child concerned attains the age of 8 years,

(b) subject to paragraph (c), in the case of a child who—

(i) is the subject of an adoption order, and

(ii) has, on or before the date of the making of that order, attained the age of 6 years but not 8 years,

not later than the expiration of the period of 2 years beginning on that date, or

(c) if the child concerned has a disability, not later than the day on which the child—

(i) attains the age of 16 years, or

(ii) ceases to have that disability or any other disability,

whichever first occurs.

(3) A period of parental leave shall not commence before a time when the employee concerned has completed one year’s continuous employment with the employer from whose employment the leave is taken.

(4) Subject to this Act, an employee shall be entitled to parental leave in respect of each child of which he or she is a relevant parent.

(5) A person who is a relevant parent in more than one capacity in respect of a child shall not be entitled to parental leave in more than one such capacity in respect of the child.

(6) Where 2 or more relevant parents in respect of a child are entitled to parental leave in respect of the child, none of the parents shall be entitled to—

(a) the parental leave of any other parent in respect of the child, or

(b) transfer any part of the period of his or her parental leave to any other parent in respect of the child.

(7) Notwithstanding subsection (3), where an employee—

(a) will not have completed one year’s continuous employment with his or her employer on the latest day for commencing a period of parental leave having regard to subsection (2), but

(b) has completed 3 months of such employment on the latest day for commencing a period of such leave provided for by this subsection,

the employee shall, subject to this Act, be entitled to parental leave for a period of one week for each month of continuous employment that he or she has completed with the employer at the time of the commencement of the leave.

(8) Where, before the relevant day, a person who is a relevant parent in respect of a child—

(a) has...

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