Parental leave

Parental leave may be taken in a continuous period of 26 weeks.  There is a statutory entitlement to take the 26 weeks in separate blocks of a minimum of six continuous weeks.  Alternatively, subject to the agreement of your employer, parental leave may be taken in reduced hours.  If you are employed in a job-sharing or part-time capacity, you are still entitled to a continuous period of 26 weeks parental leave. This period includes weeks off / days off. 

If the leave is to be taken in separate blocks or in reduced hours the total number of hours' leave you are entitled to is determined by the number of hours you have worked  during a particular period of 26 continuous weeks. There are two ways of calculating the entitlement - one where you and your employer agree on a reference period and the other where a reference period cannot be agreed. 

Where you are entitled to parental leave in respect of children whose births are closely spaced, you may not take more than 26 weeks leave  in any 12-month period unless you have the agreement of your employer. 

Employees returning from parental leave now have the right to ask for a change in their working hours and/or patterns for a limited period.  Employers must consider such a request but are not required to grant it. 

You must give your employer a written request at least six weeks before the proposed start date of the changes to your working hours/patterns.  The request should set out the start date and duration and the nature of the changes requested. 

At least four weeks before the proposed start date your employer must inform you in writing whether your request has been refused or granted. 

Where your employer grants your request an agreement must be prepared and signed by both parties. This agreement should set out the changes to your working hours/patterns, and the start date and duration of the changes. 

You have the right to cancel a request for a change in working hours/patterns by writing to your employer before the agreement is signed. 

You must give your employer at least six weeks written notice of your intention to take parental leave.  However, it is at your employer's discretion to waive all or part of this period.  

The notice must set out the proposed start date and duration of your leave and how you propose to take it.

Your employer may ask you to provide evidence of the child's date of birth and/or adoption placement.  You may also be requested to provide confirmation that you are the child's parent.

Postponement of parental leave cannot take place if the leave is confirmed.  

 However, if the confirmation document has not yet been signed, your employer can postpone the start of your leave for up to six months.  In such a case, written notice must be given to you by your employer not less than four weeks before your leave is due to commence.  Before postponing the leave, your employer must consult with you. 

To qualify for the maximum parental leave, you must have completed 12 months continuous employment with the same employer before the start of the leave period. 

Where your child is approaching the upper age limit and you have more than three months but less than one year's service, there is provision for pro-rata parental leave, i.e. one week's leave for each month's continuous service with the employer before the leave commences. 

At least four weeks before the leave is due to commence, the "confirmation document" specifying the date of commencement of the leave, its duration and how it is to be taken, must be prepared and signed by both you and your employer. 

Once the "confirmation document" has been signed, you are entitled to take the parental leave at the specified time. 

After the confirmation document has been signed, both parties can agree to change the arrangements and a new confirmation document setting out the revised arrangements must be drawn up. However, the employer is not obliged to change the arrangements. 

Where an employer believes that the parental leave is not being used to take care of the child concerned, parental leave can be terminated.  The employer, however, must give you written notice in advance of the termination of leave. 

If an employee becomes sick and is unable to care for the child, then they may postpone their parental leave if it has not already started. If their leave has started, they may defer the remainder of their leave until such time as they are no longer sick. 

You must notify your employer in writing as soon as is reasonably practicable after becoming sick and the notice must be accompanied by a medical certificate. 

In the case of multiple births, this restriction does not apply, and each parent is entitled to 26 weeks parental leave for each child. For example, each parent would be entitled to 52 weeks parental leave in the case of twins, 78 weeks in the case of triplets, etc. 

 While on parental leave or force majeure leave you are regarded as not being absent, so you retain all employment rights, other than the right to pay and superannuation benefits. 

After parental leave, you are entitled to return to the same job you held before the commencement of parental leave and under the same contract of employment, terms and conditions.  If this is not reasonably practicable, you have the right to suitable alternative work under a new contract.The terms and conditions of the new contract must not be substantially less favourable than those which you had immediately prior to starting your parental leave. 

Both parental leave and force majeure leave cannot be treated as part of any other leaveyou are entitled to, e.g. annual leave, sick leave, maternity leave. 

Employees retain an entitlement to any public holidays falling during a period of parental leave.  The Act provides that a corresponding number of days in lieu of public holidays should be added to the end of the period of leave. 

The Parental Leave Acts 1998-2006 gives all employees a right to limited leave with pay for family crises.  This leave is called Force Majeure Leave.  It may be used where, due to the injury or illness of specified relatives, the employee is immediately required to be present with that relative and cannot attend work. 

Relatives include: 

• Parents 
• Children 
• Spouses (including common law spouses) 
• Grandparents 
• Brothers and sisters 
• Persons in a relationship of domestic dependency, including same-sex partners 

The maximum force majeure leave that you may take is three days in any period of 12 consecutive months or five days in any period of 36 consecutive months. 

You must also notify your employer in writing as soon as possible outlining the facts that entitled you to the leave.