Dáil Éireann debate -
Thursday, 13 Apr 2000

Vol. 518 No. 2

Written Answers. - Parental Leave.

Pat Rabbitte

Question:

56 Mr. Rabbitte asked the Minister for Justice, Equality and Law Reform when it is intended to commence and complete the review of the Parental Leave Act, 1998, in view of the commitment in the Programme for Prosperity and Fairness; and if he will make a statement on the matter. [11181/00]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

I propose to take Questions Nos. 15, 56 and 60 together.

The Parental Leave Act, 1998, which implements the Parental Leave Directive (96/34/EC), provides an individual and non-transferrable entitlement to both parents to 14 weeks unpaid leave from work to take care of young children. The leave must be taken before the child reaches five years of age, except in certain circumstances in the case of an adopted child. The entitlement applies to parents of children born or adopted on or after 3 June 1996

In developing the Parental Leave Act, 1998, my Department examined the existing parental leave schemes in other countries, including EU member states. However, it is difficult to make direct comparisons with other member states because, in almost every respect, whether it be the upper age limit of the child, the pattern of leave available or the issue of payment, there is considerable variation between member states.

The position in relation to parental leave in EU member states, based on a 1998 publication of the European Commission which has been updated in respect of the UK and Ireland is set out in the following table. In addition to the parental leave shown in the following table, some member states have special provisions in respect of the illness of a child or disabled children. In addition, agreements between employers and employees may provide for more favourable parental leave provisions. As far as Ireland is concerned, Deputies will be aware that the Parental Leave Act, 1998, provides for limited force majeure leave for urgent family reasons where, owing to injury or illness of a family member, the presence of the employee at the place where the family member is, is indispensable. Additional leave arrangements have also been agreed between some employers and their employees, including those in the public sector.

Implementation of the Parental Leave Act, 1998, on 3 December 1998 provided for the first time a statutory entitlement to parental leave. When the Parental Leave Directive was adopted on 3 June 1996, most other member states already had provision for parental leave, some for many years. Their present arrangements no doubt reflect improvements on the initial schemes introduced in those member states.

The Programme for Prosperity and Fairness provides that my Department, in 2001, will conduct a review of the operation of the Parental Leave Act, 1998, in consultation with the social partners. This commitment is in accordance with section 28 of the Act, which provides for a review of the operation of the Act within not less than two years and not more than three years of its commencement on 3 December 1998. This review, which will be carried out during 2001, will provide an opportunity to assess provisions of the Act in the light of its operation.

Separate from this review, my Department is currently examining the reasoned opinion from the European Commission, dated 3 April 2000, to the effect that Ireland, by restricting the right to parental leave to employees with children born or adopted on or after 3 June 1996, has not fully complied with its obligations under the parental leave directive. This is with a view to identifying the measures required to be put in place to give effect to the clarifications in the reasoned opinion. There are no statistics available centrally on the uptake of parental leave. Individual employers are however required, under section 27 of the Parental Leave Act, 1998, to keep records of parental leave taken by their employees.

Paid Parental Leave in EU Member States

Country	Paid Parental Leave	Unpaid Parental Leave
Austria	–2 years if parents share; 1½ years for one parent–Attracts a flat rate payment–For employees with at least 1 year employment during the previous 2 yearsParental Leave/part-time work allowances–Combination of parental leave allowance and part time work;

Country	Paid Parental Leave	Unpaid Parental Leave
	–Various options up to 4 years (depending on type of sharing with the partner).
Belgium	–The father & mother can suspend their employment contract for a period of 3 months on account of the birth, adoption or disability of a child. A low flat rate allowance is granted.	–In accordance with a collective agreement employees may opt for 6 months working half-time.
Denmark	–Up to 10 weeks may be taken by the father or mother after the 14th week following the birth. The right may be used by only one parent at a time.–26 weeks leave in respect of children age 0-2 years and 13 weeks for children aged 3-8 years.
Finland	–Following maternity leave, the mother or father or both in turn are entitled to 158 consecutive calendar days leave except Sundays. During the leave the user receives a parenthood allowance.–Child home care leave is granted after parental leave and until the youngest child is three years old where the child is taken care of at home by the mother or the father.Partial Child Care Leave–The mother or the father may take part-time childcare leave (i.e. a reduction of working time for family reasons) until the youngest child completes his or her first school term in primary education, provided that both parents (or the single parent) are participants in the labour market. This measure is granted only to one parent at a time. In the case where the youngest child is aged under 3 the parent is also partially compensated for the loss of earnings.	–Partial childcare leave if the youngest child is aged over 3.
France	–Parental Leave allowance payable to all employees following the birth of the second or subsequent child and until it reaches the age of three; one year's seniority or two years' employment (including unemployment for which benefit was payable) during the previous five years are required.	–For the first child, unpaid leave available to any employee (with one year's seniority) up until the child's third birthday;–Possibility of part-time leave from 16 to 32 hours weekly.
Germany	–For employed parents;–Until the child is 3 years old;–Paid for 24 months, unpaid for the third year.
Greece		Either parent is entitled to:–Private sector, public corporations and banks: 3.5 months for each parent, child under 3 years. Undertakings employing at least 50 workers.–Civil service: 3 months for each parent, child aged under 2.5. Services with at least 100 employees.
Ireland		–14 weeks unpaid leave for both father & mother (subject to certain service requirements).
Italy	–6 months of optional leave, 30% replacement rate, can be used in the first year of the child (can be used in fractions);–Transferable to the father, if the mother is an employee
Luxembourg	Information not available
Netherlands		–child aged under 8–Leave for a period of (added up) 50% of the working time during a period of 6 months.
Portugal		–Parental leave applies if child is aged under three and both parents are at work;–Consecutive periods of 6 months up to 2 years;–The father or the mother can use the leave but only one at a time.
Spain		–Child aged under 3 years;–Duration of 3 years–For either mother or father when both are working–Working time may be reduced by ? to ½ in respect of children under 6 years.
Sweden	There are four types of parental leave:1)Full, until the child has reached 18 months or, subject to the parent's receipt of full parental cash benefit, for time thereafter, which means another 15 months;2)Partial leave in the form of a reduction of working time by one half or one quarter with one half or one quarter parent allowance respectively;3)Reduction of normal working time (without monetary compensation) by one quarter until, in most cases, the child reaches 8 years;4)Temporary, for temporary care of a child.
UK		13 weeks for both mother & father (subject to one year's continuous service with the employer).