Dáil Éireann debate -
Tuesday, 4 Dec 2001

Vol. 545 No. 4

Written Answers. - Carer's Leave.

Liam Aylward

Question:

98 Mr. Aylward asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will review the guidelines governing carer's leave where six weeks notice of intention to take such leave is required; and if she will make a statement on the matter. [30799/01]

Minister of State at the Department of Enterprise, Trade and Employment (Mr. T. Kitt)

The Carer's Leave Act, 2001, came into operation on 2 July 2001. The main purpose of the Act is to provide for a new entitlement for an employee to avail of temporary unpaid leave from his or her employment to enable him or her to personally provide full-time care and attention for a person who is medically certified as being in need of such care.

The period of leave to which an employee is entitled is subject to a maximum of 65 weeks in respect of any one care recipient. The minimum statutory entitlement is 13 weeks.

Under the Act, an employee must give written notice to his/her employer of the intention to take carer's leave, not later than six weeks before the employee proposes to commence the leave. Notwithstanding this provision, if in exceptional or emergency circumstances, it is not reasonably practicable for an employee wishing to avail of carer's leave, to give the required notice, such notice must be given as soon as it is reasonably practicable for the employee to do so.

The Carer's Leave Act also provides that where an employee who is entitled to carer's leave, has taken leave purporting to be carer's leave but has not complied with the notice requirements, then the employer may, at his or her discretion, treat that leave as carer's leave for the purposes of the Carer's Leave Act, 2001.

Where an employer in exercising this discretion, refuses to treat leave as carer's leave, on reasonable grounds, he or she must specify the grounds in writing to the employee for such refusal. This matter may be treated as a dispute for the purposes of the Act. In other words, an employee may refer a dispute in relation to the matter to a rights commissioner of the Labour Relations Commission for adjudication under the Act. Hearings of the rights commissioner under the Act are held in private. Such referrals must be made in writing within six months of the occurrence of the dispute.

Finally, nothing in the Carer's Leave Act prevents an employer and an employee coming to a more favourable arrangement than that provided for in the Act, for example, in relation to the notice requirement.

In light of the above provisions, I do not consider that a review of the Act is required.