Dáil Éireann debate -
Thursday, 1 Mar 2001

Vol. 531 No. 5

Written Answers. - Parental Leave.

Frances Fitzgerald

Question:

30 Ms Fitzgerald asked the Minister for Justice, Equality and Law Reform if he will introduce paid parental leave; the numbers who have benefited to date; if he has any plans to amend the Parental Leave Act, 1998; and if he will make a statement on the matter. [5880/01]

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

There are no plans to introduce paid parental leave. However, the Programme for Prosperity and Fairness provides that my Department will conduct a review this year 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. As announced in the budget, it is proposed to advance this review with a view to improvement of the arrangements in this area. Only yesterday, I announced that the review of the Parental Leave Act, 1998, would commence this month. This review will provide an opportunity to assess provisions of the Act in the light of its operation.

With regard to the numbers who have qualified for parental leave, the Parental Leave Act, 1998, provides an individual and non-transferable 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 originally applied to parents of children born or adopted on or after 3 June 1996. The Act was amended by the European Communities (Parental Leave) Regulations, 2000 (S.I. No 231 of 2000), with effect from 19 July 2000. The effect of the amendment is to extend the parental leave entitlement of 14 weeks unpaid parental leave to parents of children born between 3 December 1993 and 2 June 1996 or children born on or after 3 December 1993, in whose case an adoption order was made between 3 December 1993 and 2 June 1996; this leave must be taken not later than 31 December 2001.

Generally, an employee must have one year's continuous service with the employer before she or he is entitled to take parental leave. However, where the child is approaching the age threshold and the employee has more than three months, but less than one year's continuous service with the employer, she-he is entitled to pro rata parental leave. In such a case, the employee is entitled to one week's leave for every month of continuous employment completed with the employer when the leave begins.

There are no statistics available centrally in relation to 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.