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Dáil Éireann debate -
Wednesday, 9 Feb 2000

Vol. 514 No. 1

Written Answers. - Compassionate Leave Provisions.

Alan M. Dukes

Question:

58 Mr. Dukes asked the Tánaiste and Minister for Enterprise, Trade and Employment whether a worker has any right to get leave of absence on compassionate grounds to care for an elderly relative; the legislation, if any, she is proposing under EU directives in order that a person is entitled to leave of absence without pay and their job is secure when they return; and if she will make a statement on the matter. [3483/00]

Nora Owen

Question:

117 Mrs. Owen asked the Tánaiste and Minister for Enterprise, Trade and Employment whether a worker has a right to get leave of absence on compassionate grounds to care for an elderly relative; the legislation, if any, she is proposing under EU directives in order that a person is entitled to leave of absence without pay and their job is secure when they return; and if she will make a statement on the matter. [3554/00]

I propose to take Questions Nos. 58 and 117 together.

In general, conditions of employment, including compassionate leave provisions, for the vast majority of workers are matters for negotiation between employers and employees.

There is currently no entitlement under employment protection legislation administered by my Department that provides specifically for compassionate leave for a worker to care for an elderly relative. EU Directives, to date, are silent on this issue.

However, my colleague, the Minister for Social, Community and Family Affairs, recently announced a proposed carer's benefit scheme which will provide financial support to employees who leave work to look after a person in need of full-time care and attention for a period of up to 15 months. Employees who leave their employment to take up caring duties will be entitled to the protection of their employment rights and it is my intention to introduce legislation to provide for such protection under a proposed carer's leave Bill. I hope to bring this legislation forward as soon as possible.

The Parental Leave Act, 1998, administered by my colleague, the Minister for Justice, Equality and Law Reform, provides that an employee is entitled to limited leave with pay from his or her employment, known as force majeure leave, where for urgent family reasons, owing to the injury or illness of a close family member, the immediate presence of the employee, at the place where the injured or ill person is situated, is indispensable. Entitlement to force majeure leave is limited to three days in any period of 12 consecutive months or five days in any period of 36 consecutive months.

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