Parent's Leave and Benefit Act 2019

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Number 35 of 2019

PARENT’S LEAVE AND BENEFIT ACT 2019

CONTENTS

PART 1

Preliminary and General

Section

1. Short title and commencement

2. Interpretation

3. Voidance or modification of certain provisions in agreements

4. Expenses

PART 2

Parent’s Leave

5. Entitlement to parent’s leave

6. Notification to employer

7. Allocation of parent’s leave

8. Commencement of parent’s leave where relevant parent entitled to maternity leave

9. Commencement of parent’s leave where relevant parent entitled to adoptive leave under section 6(1) of Act of 1995

10. Commencement of parent’s leave for a relevant parent entitled to paternity leave

11. Commencement of parent’s leave (early confinement)

12. Commencement of parent’s leave (change in day of placement or date of confinement)

13. Postponement of parent’s leave by employer

14. Postponement of parent’s leave in event of hospitalisation of child

15. Entitlement to parent’s leave on death of child

16. Entitlement of employed surviving parent to leave on death of relevant parent

PART 3

Employment Protection

17. Interpretation (Part 3)

18. Preservation or suspension of rights while on parent’s leave

19. Protection of employees from penalisation

20. General right to return to work on expiration of parent’s leave

21. Postponement of return to work

22. Provisions applying where employee not permitted to return to work

PART 4

Resolution of Disputes

23. Disputes regarding entitlements under Act

24. Decision under section 41 or 44 of Act of 2015

25. Burden of proof

PART 5

Parent’s Benefit

26. Amendment of section 21 of Act of 2005

27. Amendment of section 39 of Act of 2005

28. Amendment of section 58 of Act of 2005

29. Parent’s benefit

30. Amendment of section 238B of Act of 2005

31. Amendment of section 241 of Act of 2005

32. Amendment of section 248 of Act of 2005

PART 6

Miscellaneous

33. Amendment of Schedule 3 to Redundancy Payments Act 1967

34. Amendment of section 6 of Act of 1977

35. Amendment of Act of 1994

36. Amendment of Act of 1995

37. Amendment of section 126 of Taxes Consolidation Act 1997

38. Amendment of Act of 2015

Acts Referred to

Adoption Act 2010 (No. 21)

Adoptive Leave Act 1995 (No. 2)

Children and Family Relationships Act 2015 (No. 9)

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24)

Civil Registration Act 2004 (No. 3)

Civil Service Regulation Act 1956 (No. 46)

Employment Equality Act 1998 (No. 21)

Industrial Relations Act 1946 (No. 26)

Interpretation Act 2005 (No. 23)

Local Government Act 2001 (No. 37)

Maternity Protection Act 1994 (No. 34)

Medical Practitioners Act 2007 (No. 25)

Minimum Notice and Terms of Employment Act 1973 (No. 4)

Paternity Leave and Benefit Act 2016 (No. 11)

Protection of Employees (Fixed-Term Work) Act 2003 (No. 29)

Protection of Employees (Part-Time Work) Act 2001 (No. 45)

Protection of Employees (Temporary Agency Work) Act 2012 (No. 13)

Redundancy Payments Act 1967 (No. 21)

Redundancy Payments Acts 1967 to 2014

Social Welfare Consolidation Act 2005 (No. 26)

Social Welfare, Pensions and Civil Registration Act 2018 (No. 37)

Taxes Consolidation Act 1997 (No. 39)

Unfair Dismissals Act 1977 (No. 10)

Workplace Relations Act 2015 (No. 16)

Number 35 of 2019

PARENT’S LEAVE AND BENEFIT ACT 2019

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.

[24th October, 2019]

Be it enacted by the Oireachtas as follows: