Know Your Rights has been compiled by Kerry Citizens Information Service which provides a free and confidential service to the public… 

What is Parent’s Leave?

Parent’s leave entitles each parent to 7 weeks’ leave during the first 2 years of a child’s life, or in the case of adoption, within 2 years of the placement of the child with the family.

The leave period remains the same in the case of multiple births, for example if you have twins or if you adopt 2 or more children at the same time.

What changes to Parent’s leave come in from 1 August 2024?

From 1 August 2024:

• Parent’s leave will increase from 7 weeks to 9 weeks for children born or adopted after 1 August 2024
• You can claim the additional 2 weeks’ parent’s leave if your child is under the age of 2 on 1 August 2024 or your adopted child has been placed with your family less than 2 years on 1 August 2024
• You must complete the extra leave on or before your child’s second birthday or within 2 years of the adoption placement
• Parent’s Benefit will also increase from 7 weeks to 9 weeks for each parent (if you qualify)

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What is the difference between parental leave and parent’s leave?

Parental leave entitles parents to take unpaid leave from work to spend time looking after their children. Since 1 September 2020, both parents can take up to 26 weeks parental leave. You can get more information about parental leave.

Parent’s leave is specifically for parents during the child’s first 2 years.

This table explains the differences between the two types of leave for parents.

What are the rules about parent’s leave

You must meet certain criteria to be eligible to take parent’s leave. You must:

• Be a relevant parent
• Take the leave within 104 weeks (2 years) of the birth of the child or in the case of adoption, from the date the child is placed with you (the placement date)
• Give at least 6 weeks’ notice to your employer

The legislation only provides for the minimum entitlement to parent’s leave. Your contract of employment may give you more rights.

Who can take parent’s leave?

Relevant parents can take parent’s leave for eligible children. A relevant parent is one of the following:

• A parent of the child
• A spouse, civil partner or cohabitant of the parent of the child
• A parent of a donor-conceived child as provided for under section 5 of the Children and Family Relationships Act 2015
• The adopting parent or parents of a child
• The spouse, civil partner or spouse of the adopting parent of the child (if the parents have not adopted jointly)

How can I take parent’s leave?

You can take this leave as:

• One continuous period of 7 weeks leave or
• Separate periods of not less than one week

Parent’s leave cannot be transferred between parents – except in specified circumstances such as the death of one of the parents.

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How much will I get paid during parent’s leave?

If you have enough PRSI contributions, you will get a weekly Parent’s Benefit of €274 per week. This is paid by the Department of Social Protection (DSP). Your employer does not have to pay you while you are on parent’s leave.

However, some employers do pay or top up your pay during the leave period – this is set out in your contract of employment.

Are there qualifying conditions for Parent’s Benefit?

You should apply for Parent’s Benefit at least 4 weeks before the date you start your parent’s leave. If you are self-employed you should apply for Parent’s Benefit 6 weeks before you intend to take parent’s leave. You need your child’s PPS number to apply for Parent’s Benefit.

You must have a certain number of paid PRSI contributions on your social insurance record. Your PRSI contributions can be from both employment and self-employment. You must meet the conditions when you apply. You can contact your local Citizens Information Centre for more information on the PRSI requirements.

If you are getting a Working Family Payment (WFP), you can continue to get your WFP with your Parent’s Benefit as long as you meet the qualifying criteria for both.

Are there any other rules for parent’s leave?

• You are treated as being in employment while you are on parent’s leave (and all other types of statutory leave for parents). You are entitled to return to your job after parent’s leave.
• Annual leave – you can build up annual leave while you are on parent’s leave.
• Public holidays – you are entitled to any public holidays that occur during your parent’s leave.
• PRSI contributions – you can get credited PRSI contributions while you are on parent’s leave.

Can I share my parent’s leave with my partner?

Both parents have an equal separate entitlement to parent’s leave. You cannot transfer your entitlement to your partner.

Where one parent dies, the surviving parent is entitled to leave for the amount of leave the deceased parent did not take from their 7 week entitlement (this is known as transferred parent’s leave).

How do I apply for parent’s leave?

You must give notice to your employer before you can take parent’s leave.

You must:

• Give your notice in writing
• Tell your employer at least 6 weeks before the leave is due to start
• Include the start date, the way the leave will be taken and how long the leave will last

Can my employer refuse my application for parent’s leave?

Your employer can only refuse parent’s leave if you are not entitled to it.

Your employer can postpone your parent’s leave for up to 12 weeks. Your employer could postpone your leave for the following reasons:

• Seasonal variations in the volume of work
• No replacement to carry out your work
• The nature of your duties
• The number of other employees also taking parent’s leave
• Any other relevant matters

What happens if a postponement of my parent’s leave takes me past the 2 year eligibility period?

The eligibility period for parent’s leave (up to a child’s 2nd birthday) can only be extended for up to a maximum of 12 weeks in circumstances where an employer has rejected the original dates within the 2 year period for business reasons.

When making an application for parent’s leave and Parent’s Benefit for dates outside of the 2 year eligibility period, you must submit supporting documentation to include confirmation from your employer detailing the reason for the rejection of the original dates, and confirming your employer has agreed the revised dates with you.

• Deirdre Vann Bourke, Kerry Citizens Information Manager, said: For anyone needing information, advice or have an advocacy issue, you can call a member of the local Citizens Information team in Kerry on 0818 07 7860, they will be happy to assist and make an appointment if necessary. The offices are staffed from Monday to Friday from 10am to 4pm.  Alternatively you can email on tralee@citinfo.ie or log on to www.citizensinformation.ie for further information.

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