What are parents rights when it comes to taking time off in relation to the needs of their children?
When it comes to parents rights to taking time-off in relation to the needs of their children , there are several Employment law Acts that supports parents (Maternity leave, Parents leave, Parental leave, Adoptive leave, Carers leave, force majeure leave, annual leave , unpaid leave) and guardians to do this.
One of the Acts you have is the Maternity Protection Acts of 1994 and 2004. This covers all employees who are parents that have recently given birth, pregnant, or breast feeding. This Act protects full-time, Part-time and also fixed-term Employees and Agency Employees.
With the Maternity Protection Acts of 1994 to 2004, all employees are entitled to 26 weeks paid maternity leave and additional 16 weeks unpaid maternity leave entitlements.
Parents are entitled to Time-Off to attend ante-natal classes ,for expectant mothers and should be paid for this time.
Fathers can also have a one-off entitlement to attend the last two antenatal classes in a set of such classes attended by the expectant parent to-be.
Employees are are also entitled to ante-natal and post-natal care leave and pay.
During this leave ,employees employment rights are upheld and protected and parents who are breast feeding are entitled to paid work breaks/reduced work hours to support their breastfeeding, and facilities to breastfeed should be provided unless this gives rise to additional costs to the employer.
If the employee becomes ill during a period of additional maternity leave, an employee can ask for the additional maternity leave to come to an end and move instead to sick leave.
Where an employees child is in hospital , the maternity leave may be postponed and resumed at a later date, and resumption of maternity leave for the duration of the hospitalisation. But this is up to your employers discretion as to whether he or she allows it.
While on maternity leave ,employees can not have their employment terminated or be suspended from employment.
Is there a specific amount of time that companies have to give to employees
and is there some leeway allowed?
Yes,in the case of maternity leave ,parents are entitled to 26 weeks maternity leave called Ordinary leave and they must inform their employer in writing of their plans to take maternity leave no later than four weeks before the maternity leave is due to start. Parents must ,at the time of notifying their employer ,produce a medical cert confirming the pregnancy and the expected week of birth ,called the date of birth. If a parent decides to change the proposed dates of leave , they may give their employer further notice,which supersedes the previous notification.
What can Parents do, if their child is ill or their school / creche closes early and they have used up their allocated time off?
If a parent finds themselves in a situation where their child becomes ill or the child’s school or creche closes early and they have used up their allocated time off , for example force majeure leave, then they may either apply for parent’s leave, parental leave ,unpaid leave or annual leave.
With an unpaid leave for example,a parent does not have to met a particular service requirement to qualify for the unpaid leave. Absence for part of a day is counted as one day of unpaid leave for medical care purposes. With unpaid leave parents are allowed to take up 5 days of unpaid leave off work to provide medical care for a child or other relevant person like a family member. The leave is available for both parents and carers.
The care can be for a:
1.A Child(Including an adopted child)
2.A Spouse or Civil Partner
3.Cohabitant
4.Parent or Grandparent
5.Siblings
6.House Mate
7.Any other person to those listed above who live in the same house as the employee.
The child or individual must need significant care or support for a serious medical reason. A serious medical reason is not defined in the act. However ,an employer can request relevant evidence of the medical need for the leave. Such evidence can be:
- A medical cert signed by your Doctor
- Any other evidence the employer may ask of you.
The medical cert does not have to say the nature of the medical condition. It only needs to be a statement of facts that the child/individual is , or was in need of significant care or support for a serious medical reason.
And how would you advise a parent to talk to their employer to help their case?
I would say ,first be clear about your situation .Gather all the facts and information so that when you’re at the meeting with your employer you know what your needs or situation is at. Then just be transparent with your employer about your needs and situation . Take a look at your contract, read through it and see what it says about your entitlements in relation to time off. Then enter into a calm discussion with your employer about how you would like to work around your work commitments and personal commitments . You might be able to come to an agreement that works for both parties.
And Lastly, where can people find out more information or get resources to help them with this?
For more information you can go to www.hr-services.ie or citizens information for more information.
