Niamh Smyth
Question:132. Deputy Niamh Smyth asked the Minister for Justice and Equality if he will address a matter regarding parental leave (details supplied); and if he will make a statement on the matter. [22301/19]
View answerTuesday, 28 May 2019
Questions (132)
Written answers
As the Deputy will be aware, the Parental Leave Act 1998, generally, does not provide for the transfer of parental leave between parents.
Section 6(6) of the Act provides that where two or parents are entitled to parental leave, neither of the parents shall be entitled to (a) the parental leave of any other parent, or (b) to transfer any part of the period of their parental leave to any other parent in respect of their child.
However, there is one very specific exception to this provision. Section 6(7) of the Act provides that where both parents are employed by the same employer, one parent may transfer up to 14 weeks of parental leave to the other, only if their employer consents.
These provisions will remain unchanged by the Parental Leave (Amendment) Bill 2017, once enacted and commenced.
In all other cases, parental leave remains non-transferable, and I can confirm that the Government has no plans to change this position.