The Parental Leave Act, 1998, transposes the EU Directive on Parental Leave, 96/34/EC, into Irish law.
Entitlement to parental leave under the legislation applies in relation to all parents of children under five years of age born or adopted on or after 3 June 1996. It does not apply in relation to parents of children born or adopted before 3 June 1996, the date on which the directive was adopted by the Council of Ministers.
I understand that following the Parental Leave Act coming into operation on 3 December 1998, the Irish Congress of Trade Unions, ICTU, formally lodged a complaint with the European Commission to the effect that Ireland had not correctly transposed the EU Directive on Parental Leave as it had restricted entitlement to such leave to parents of children born or adopted on or after 3 June 1996. This complaint is currently at the stage of investigation formally by the European Commission. I have not had any meeting with the Irish Congress of Trade Unions on this matter to date. The question as to whether the Act should be amended does not arise at this stage. I should add that my Department has, as yet, received no communication from the European Commission regarding this matter.