Parental Leave Act, 1998
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Manner in which parental leave may be taken. |
7.—(1) Subject to this Act, parental leave may consist of— | |
(a) a continuous period of 14 weeks, or | ||
(b) with the agreement of the employer or representatives of the employer and other employers and the employee or representatives of the employee and other employees, a number of periods each of which comprises— | ||
(i) one or more days on which, but for the leave, the employee would be working in the employment concerned, | ||
(ii) one or more hours during which, but for the leave, the employee would be working in the employment concerned, or | ||
(iii) any combination of periods referred to in subparagraphs (i) and (ii). | ||
(2) (a) Parental leave taken by an employee pursuant to subsection (1) (b) shall be such that the number of hours during which, but for the leave, the employee would be working in the employment concerned equals— | ||
(i) the number of hours during which the employee worked in the employment concerned in such continuous period of 14 weeks before the commencement of the leave as may be determined by the employee concerned and the employer, or | ||
(ii) if the employee and the employer fail to determine a period for the purposes of subparagraph (i), 14 times the average number of hours per week during which the employee worked in the employment in each of the periods of 14 weeks ending immediately before the commencement of each week in which he or she takes any of the leave. | ||
(b) In determining a period of 14 weeks referred to in paragraph (a), holidays (including public holidays) to which the employee concerned is entitled or days on which he or she is absent from work on sick leave, maternity leave, adoptive leave, or force majeure leave shall be excluded and a corresponding number of days immediately before the commencement of the period shall be included and time spent on parental leave by the employee shall be deemed to be time spent by him or her at work in the employment concerned. | ||
(3) Where an employee is entitled to parental leave in respect of more than one child and the children concerned are not children of a multiple birth, the period of parental leave taken by him or her in any period of 12 months shall not, without the consent of the employer, exceed that provided for in subsection (1). | ||
(4) (a) Where any holiday (other than a public holiday) to which an employee is entitled falls during a period of parental leave of the employee and on a day when (but for the leave and the holiday) the employee would be working in the employment concerned, the holiday shall be taken at such other time as may be determined by the employer concerned pursuant to section 20 of the Organisation of Working Time Act, 1997 . | ||
(b) Where any public holiday to which an employee is entitled falls during a period of parental leave of the employee and on a day when (but for the leave and the holiday) the employee would be working in the employment concerned, a day shall be added to the period of parental leave that the employee is entitled to take. |