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.