27 06 2023 Insights Employment Law

Update on Statutory Leave

Reading time: 2 mins

Parental leave2


In our latest Insight, the RDJ Employment Team has prepared a helpful table setting out the various types of statutory leave currently available to employees, along with additional statutory leaves that are expected to be enacted over the coming months

Type of Leave

Who is entitled?

For how long?

Is it paid?

Who Pays?

Statute

Maternity Leave

Pregnant employees

26 weeks, and up to an additional 16 weeks

Yes, maternity benefit is paid for 26 weeks

The State (subject to eligibility)

Maternity Protection Acts 1994 to 2022, as amended

Adoptive Leave

The sole adopter in the case of a parent adopting a child on their own or the nominated parent in the case of an adopting couple

24 weeks, and up to an additional 16 weeks

Yes, adoptive benefit is paid for 24 weeks

The State (subject to eligibility)

Adoptive Leave Acts 1995 and 2005, as amended

Paternity Leave

New parents of children (but not the parent who has taken Maternity or Adoptive Leave) within 26 weeks of the birth of the child or within 26 weeks of the placement of the child in the case of adoption.

2 weeks

Yes, paternity benefit is paid for 2 weeks

The State (subject to eligibility)

Paternity Leave and Benefit Act 2016, as amended

Parental Leave

Parents/guardians of children under 12, or under 16 where the child has a disability or long-term illness, or if a child aged between 10 and 12 is adopted, within 2 years of the date of the adoption order.

26 weeks for each eligible child

No, it is unpaid

N/A

Parental Leave Acts 1998 to 2019, as amended

Parent’s Leave

Parents of children under 2, parents of adopted children within the first 2 years of the placement of the child

7 weeks (where the child is born or adopted after 1 July 2022)

Yes, parent’s benefit is paid for 7 weeks

The State (subject to eligibility)

Parent’s Leave and Benefit Act 2019, as amended

Annual Leave

All employees

Entitlements based on time worked

Yes, calculated at normal weekly rate

The employer

Organisation of Working Time Act 1997, as amended

Sick Leave

Employees who have completed 13 weeks of service

3 days per annum (set to increase to 5 days in 2024, 7 days in 2025, and 10 days in 2026).

Yes – 70% of usual daily earnings, capped at a maximum of €110 per day

The employer

Sick Leave Act 2022

Carer’s Leave

Employees after 12 month’s service

13 weeks – 104 weeks

Yes, it is paid

The State (subject to eligibility)

Carer’s Leave Act 2001, as amended

Force Majeure Leave

All employees

3 days in a 12-month period, or 5 days in a 36-month period

Yes, it is paid

The employer

Section 13, Parental Leave Act 1998 to 2019, as amended

Public Holidays

All full-time employees, certain part-time employees

10 public holidays per calendar year

Yes, it is one day’s pay, or one-fifth of weekly pay for certain employees

The employer

Organisation of Working Time Act 1997, as amended

Leave that has been signed into law but has not yet been commenced by way of Commencement Order which is required to give it effect

Leave

Who is entitled?

For how long?

Is it paid?

Who Pays?

Statute

Domestic Violence Leave

All employees

5 days in any period of 12 consecutive months

Yes, but we are awaiting a prescribed rate of pay

The employer

Work Life Balance and Miscellaneous Provisions Act, 2023

Leave for Medical Care Purposes

All employees

5 days in any period of 12 consecutive months

No, it will be unpaid

N/A

Work Life Balance and Miscellaneous Provisions Act, 2023

Leave for Breastfeeding Purposes

Employees who are breastfeeding

Up to 1 hour per working day (or pro rata for part-time employees) for up to 104 weeks post-birth (extended from up to 26 weeks post-birth)

Yes, it is paid

The employer

Work Life Balance and Miscellaneous Provisions Act, 2023


If you have any queries in relation to the above, please contact one of the RDJ Employment Team.

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