Vol. 513 No. 4
90 Mr. J. O'Keeffe asked the Minister for Justice, Equality and Law Reform the plans, if any, he has to amend the Parental Leave Act, 1998; and his views on Ireland's provisions in relation to parental leave by comparison with other EU states. [2620/00]
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 entitlement applies to parents of children born or adopted on or after 3 June 1996.
In developing the Parental Leave Bill, my Department examined the existing parental leave scheme in other countries, including EU member states. However, it is difficult to make 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 much variation between member states.
Following the Parental Leave Act coming into operation on 3 December 1998, the Irish Congress of Trade Unions, ICTU, formally lodged a complaint with the European Commission to the effect that Ireland had not correctly transposed the EU Directive on Parental Leave as it had restricted entitlement to such leave to parents of children born or adopted on or after 3 June 1996. This complaint is currently being investigated by the European Commission and we are awaiting a response from the commission on this matter. Accordingly, it would be premature to contemplate any amendment to the legislation at present.
Section 28 of the Parental Leave Act, 1998 provides for a review of its operation after two years of its commencement. Such a review will involve consultation with representatives of employees and employers and will provide an opportunity to assess provisions of the Act in the light of experience of its operation.
