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4
Apr 18

Posted by
Lauren Conway

How long should you retain employee data under GDPR?

The General Data Protection Regulation (GDPR) will come into force on 25th May 2018, legislation with new rules and guidelines on how to protect and process personal data. Employee personal data held may include: name, address, phone number, email address, emergency contact details, PPS number, bank account details etc.

The GDPR requires that when retaining and processing personal data there must be lawful reasoning for doing so. In terms of processing employee data employers are likely to rely on a number of lawful reasons, mainly: to fulfill contractual obligations, legal obligations or other legitimate interests. Under data protection legislation employee data should be kept for no longer than is necessary, for the purpose that it was retained. However, when deciding how long to retain personal data employers should be guided by employment legislation.

So how long should I retain employee data?

Written Terms of Employment – 1 year

Employers must retain a copy of this statement throughout the employee’s employment and for one year after termination at a minimum.

Payroll details and Payslips – 6 years

Records, calculations and documents relating to the value of benefits for employees must be kept for 6 years in the event of an audit by Revenue. The WRC may also inspect these in an audit and seek evidence that employees are supplied with payslips.

Hours of Work – 3 years

Details of days and hours worked each week, annual leave and public holidays taken and payment received for same. Rest break records and/or records of notification of employees being fully informed about rest break entitlement and procedures if rest break is unable to be taken.

Maternity and Adoptive Leave Records – none

While there is no set period of the retention of data on maternity leave or adoptive leave records, claims can be made within 6 months of employers being informed of an issue giving rise to a dispute or extended to 12 months in exceptional circumstances.

Parental Leave – 8 years

Records of Parental Leave, including the period of employment of each employee and the dates and times of the leave taken, must be retained for 8 years.

A more detailed list of Employee Record Keeping Requirements can be viewed here.

Where legislation gives no guidance on record keeping requirements, employers should carefully predetermine, and include in any employee privacy notice, how long and the grounds they will use for retaining that data. For example; an employer may decide to retain all performance review records for the entire duration of an employee’s employment to monitor employee performance.

Whatever the reasoning behind retaining employee data – whether it be legal or other business reasons, employers need to ensure they have a clear policy outlining their reasoning, that this is easily accessible to employees and that the policy is consistently applied.

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Posted in Contract of employment, Employee Contracts, Employee Records, Employment Tribunals, GDPR, General Data Protection Regulation, Parental Leave, Workplace Relations Commission, WRC

17
Aug 17

Posted by
Victoria Clarke

Paternity Leave – Uptake lower than expected

In September 2016, fathers of children born in Ireland became eligible for the first time to take up to two weeks’ paternity leave and to receive Paternity Benefit from the Department of Social Protection. Statistics collated from the first few months of the scheme show, however, that just one in four fathers eligible for the scheme chose to avail of it. This is in stark contrast to the expectation that 60% of eligible fathers would avail of the scheme when it was first announced.

Just over 5,000 paternity benefit applications were awarded during the first three months of the scheme going live, with County Longford, Kerry, Roscommon, and Clare having the fewest applicants. A larger uptake, however, was seen in County Dublin, Cork and Kilkenny.

A further 7,500 paternity benefit claims were subsequently awarded in the first four months of 2017. Under the new scheme, eligible fathers are entitled to two weeks of paternity leave. The two-week leave can be taken at any point within 28 weeks of the birth or adoption of a child, but the two weeks must be taken together.

A social welfare benefit of €235 per week is paid for the two weeks. It is at an employer’s discretion if they wish to top up this payment to the full weekly wage normally earned by the employee. Despite the low uptake so far, it is hoped that the number of applicants will increase as the scheme enters its second year in September.

Current statistics also don’t reflect fathers who may be delaying their paternity leave, for example, fathers whose child was born on February 28 this year can take it at any time up to September 1, 2017.

Guidance on how employers should treat Paternity Benefit and when it should be entered in Thesaurus Payroll Manager can be found here: https://www.thesaurus.ie/docs/2017/paternity-benefit/taxation-of-paternity-benefit/

Related article: Equality for working Dads with new Paternity Leave

Posted in Annual Leave, Parental Leave

14
Oct 13

Posted by
Gerri McGinley

Parental Leave – A Recap

The Parental Leave Acts of 1998 to 2006 provides an entitlement to parents with young children up to 14 weeks unpaid leave if it is required to take care of their child.  Since 8th March 2013 this has changed with the number of weeks now being increased from 14 to 18 weeks. The leave must be taken before the child reached 8 years of age.

Other changes in this legislation are:

  • If both parents work for the same employer, then with agreement of the employer, 14 weeks from one employee can be transferred to their spouse/partner.
  • The classification of disability has been changed to include “long-term illness”.
  • The age limit for children with long-term illnesses was increased to 16 years.
  • If an employee returning from parental leave requests a temporary change in their working hours or pattern of work, an employer should consider this request but is not required to allow it. If the request is agreed to by the employer then an agreement setting out the new temporary change of hours and/or pattern must be signed by both parties.
  • A record of all parental leave must be kept by employers for a period no less than 8 years.  If an employer fails to do so then they could be liable for a fine of up to €2000.
  • An employee must not be penalized for making such a request.

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Posted in Company handbook, Contract of employment, Parental Leave