Statutory Leave Advice Solicitors
The entitlement to statutory leave such as annual leave, rest breaks, emergency leave, maternity leave etc. are all governed by Irish legislation. Employers are also free to give additional leave which is currently not provided for under legislation such as bereavement or study leave.
Annual leave and Rest Breaks
Employees are allowed an annual paid leave entitlement of four weeks per year provided they have worked for at least 1,365 hours in addition to nine paid public holidays. This is set out in the Organisation of Working Time Act 1997 and related regulations which also deals with rest breaks, Sunday premiums etc.
The Carer’s Leave Act 2001 allows employees to leave their employment temporarily to provide full-time care for someone in need of full-time care and attention. There are various conditions and notification requirements to take this leave which is set out in the Acts.
The Maternity Acts 1994 (as amended) provide for statutory minimum entitlements in relation to maternity leave. An employee is entitled to 26 weeks’ maternity leave together with 16 weeks’ additional unpaid maternity leave, which begins immediately after the end of maternity leave. The Acts also deal with issues such as breastfeeding breaks and rights to attend antenatal classes.
New parents (other than the mother of the child) are entitled to 2 weeks’ statutory paternity leave from employment or self-employment following the birth or adoption of a child.
Under the Adoptive Leave Act 1995 (as amended), An adoptive mother is entitled to avail of adoptive leave from employment, except in the case where a male is the sole adopter. An employee is entitled to 24 weeks leave with the option of a further 16 weeks’ unpaid leave.
Where summonsed by the court to serve as a jury member, an employee must present the summons for jury service to their employer as soon as he or she receives the notification. The Juries Act 1976 (as amended) provides than an employee is required to be present for jury service, but in exceptional circumstances, an employer may seek to have an employee excused from jury service where requirements are such that it is not feasible to permit the employee to take the leave. An employee is entitled to be paid whilst on jury service.
The Parental Leave Act 1998 (as amended) provides that, subject to certain conditions, an employee is entitled to avail of parental leave in respect of an eligible child. The amount of parental leave for each child amounts to 18 working weeks per child.
In the event of a family crisis, an employee is allowed a limited right to leave work, known as force majeure leave. It arises in the event of urgent family reasons; the immediate presence of the employee is indispensable owing to an injury or illness of a close family member. An employee is entitled to a maximum of 3 days paid leave in any 12-month period and 5 days leave in a maximum 36-month period.
Tully Rinckey Employment Law Solicitors Dublin are always on hand to offer expert advice pertaining to statutory leave. Get in touch today.