Don't Forget About Fathers: Paternity Leave & Benefit Act 2016
The Paternity Leave and Benefit Act 2016 came into effect on the 1st of August 2016 and provides for 2 consecutive weeks paternity leave with protection of employment for a relevant parent in respect of a child born or adopted on or after the 1st of September 2016. The Act also provides that paternity leave may be transferred to the surviving parent on the death of a relevant parent.
The Act covers employees who are relevant parents or a surviving parent from the first day of employment, including those who are working as apprentices, as agency temps, civil servants etc.
Statutory paternity leave consists of 2 consecutive weeks leave to enable a father to provide care, or assist in the provision of care, for the child or provide support to the mother or adopting parent, or both.
Paternity leave can be taken at any time commencing on the date of the birth of the child or placement in the case of adoption, and ending no later than 26 weeks after the date of birth or placement.
Did you Know?
Shockingly, almost half of fathers entitled to paternity benefit do not avail of it and the level of uptake varies dramatically depending on the sector and size of company a person works in. While paid and unpaid leave for new fathers has increased and expanded in recent years, the uptake remains low with less than half (45%) of fathers entitled to paternity benefit did not take it in 2018.
The central statistics office released an employment analysis of maternity and paternity benefits. They haven't updated it past 2019 at present but we still thought the figures presented for 2016 - 2019 were interesting and worth looking at.
In 2019 paternity leave was paid to 3.1 men per 100 employees, which was a slight increase on the 2018 rate of 2.9. However this is still well below the rate of maternity benefit which was paid to 5.3 per 100 employees in 2019.
The sectors with the highest paternity and maternity benefit rate is the Public Administration & Defence. With Accommodation & Food Service having the lowest maternity and paternity benefit rate.
So how long must employers keep records of paternity leave?
The employer is required to keep a record of paternity leave taken by their employees, specifying the period of employment of each employee and the dates and times of paternity leave taken. These records must be maintained for a period of 8 years after the paternity leave has been taken. Failure to keep such records can mean the employer is liable to a Class B fine not exceeding €4,000.
Bright Contracts' handbook includes each family related leave policy including paternity leave under the 'Leave & Benefits' section of the handbook. If you'd like to download a trial of our software to preview these sections click here.
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- The Employer & Maternity Leave
- Supporting Female Employees: Implementing a Menopause Policy
The Employer & Maternity Leave
The main provision of the Maternity Protection Acts 1994 and 2004 is to provide for 26 weeks' maternity leave with protection of employment for female employees. In addition, an employee is entitled to further leave, known as additional maternity leave, up to a maximum of 16 weeks.
Since the 1st of October 2017, female employees are entitled to extend their maternity leave beyond 26 weeks where the baby is born more than 2 weeks before the expected week of confinement. In the event of a multiple birth, an employee is still only entitled to the 26 weeks maternity leave (or any extended leave due to a premature birth) and 16 weeks additional maternity leave.
The Maternity Protection Acts 1994 and 2004 also provide for:
- Leave on health & safety grounds if the Safety, Health and Welfare at Work Acts 2005 to 2014 require it.
- Leave of an employed father from his employment, on the death of the mother during her maternity leave.
The Acts cover all female employees (and male employees after the death of the mother following birth) from the first day of their employment and that includes apprentices, agency temps, officers or servants of a local authority and all civil servants.
Since the 1st of October 2017, female employees are entitled to extend their maternity leave beyond 26 weeks where the baby is born more than 2 weeks before the expected week of confinement – the due date to put it more simply. The amount of extended leave will be equivalent to the duration of the premature birth period. The premature birth period means a period which commences on the actual date the child was due to be born and expires 2 weeks before the end of the expected week of birth.
For example: If the baby is born 2 weeks early, then the employee will be entitled to 26 weeks consecutive maternity leave PLUS the extension to her maternity leave by the premature birth period which is 28 weeks.
Some common questions in relation to maternity leave include:
When must an employee commence maternity leave?
An employee is required to take pre-confinement maternity leave of a minimum of 2 weeks and a maximum of 22 weeks before the end of the week in which the baby is due meaning the employee must have a minimum of 4 weeks maternity leave remaining after the birth of the baby.
How must an employee notify their employer of their intention to take maternity leave?
The employee must notify their employer at least 4 weeks before the commencement of maternity leave, which must state the date on which the leave is due to commence AND produce a medical certificate confirming the pregnancy and the expected week of birth.
When does additional maternity leave commence?
It must commence immediately after the 26 weeks maternity leave or any extended leave due to a premature birth except where the mother avails of any transferred paternity leave which must be taken before the commencement of the 16 weeks additional maternity leave.
Does an employee accrue annual leave whilst on maternity leave?
Yes!The employee is treated as being in employment while on maternity leave or additional maternity leave. This means they continue to accrue annual leave. They are also entitled to leave for any public holidays that occur during their maternity leave (including additional maternity leave).
What are an employee's rights on Fixed-Term Contracts?
Women employed under fixed-term contracts may not be entitled to the full period of maternity leave or additional maternity leave if their contract ends while they are still on maternity leave, as their maternity/additional maternity leave will also end on the same day. The expiry of an employee’s contract of employment during maternity leave will not affect her entitlement to Maternity Benefit.
When an employee goes son maternity leave it is vitally important that the employer doesn't fall out of touch with the employee and also to keep them informed about any business news, for example, any changes in management and staff, particularly in their own team.
And lastly don’t assume the employee on maternity leave cannot attend social events. Attending a work social event might provide some very welcome relief and be a good way of catching up (both from the employee’s and the employer’s perspective).
Bright Contracts' handbook includes each family related leave policy including Maternity leave under the 'Leave & Benefits' section of the handbook. If you'd like to download a trial of our software to preview these sections click here.
Related Articles:
- Supporting Female Employees: Implementing a Menopause Policy
- Changes under the Family Leave and Miscellaneous Provisions Act 2021
The Budget 2022: What You Need to Know
The 2022 budget was released this week which aims to explain how money will be raised and spent in 2022. The budget saw some important changes across a variety of sectors with some important ones for employers to know which is why we have summarised them for you below so you don't miss out!
- The National Minimum Wage
The NMW will rise by 30 cent to €10.50 per hour
- Family
Maternity benefit and parental leave payments to be increased
Parent's Benefit extended by 2 weeks to 7 weeks from July next year
- Covid Supports
The employment Wage Subsidy Scheme will remain in place, in a graduated format, until 30 April, 2022 - the scheme will close to new employers from 1 January, 2022
- Working from Home & Income Tax
People who work remotely will see an income tax deduction of 30% of the cost of vouched expenses for heat, electricity and broadband. In his Budget speech, the Minister for Finance said Government policy is to facilitate and support remote work.
If you would like to read some more detailed information and analysis, or even read the Ministers’ Budget day speeches to the Dáil, visit http://gov.ie/budget to find out more.
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Don't Get Caught Out: Maximum Award For The Employee Against Mandatory Retirement
Ensuring you are fully compliant with Irish employment law is a must when looking at ending an employees employment whether it be by termination or retirement. The following case is an example as to how not taking the right steps can lead to a huge cost for the employer.
The Case: Senior Staff Nurse Vs Nursing Home
The Complainant was employed as a senior staff nurse from the 10th May 2014 until the date of her compulsory retirement on the 28th October 2019, by the Respondent, a nursing home in liquidation. She received remuneration of approximately €5,883 per month gross. The Complainant sought an award of compensation in respect of discrimination suffered, loss of almost a year’s work and loss of redundancy payments before the Respondent closed and went into liquidation.
The Complainant was initially provided with a “Relief Panel Fixed Term Contract” requiring her to work ‘as required and when the need arises, varied hours up to 39 hours of a standard 39 hour week’. This included a retirement clause stating ‘Retirement age is 65 years. Employment beyond retirement age is exceptional and only by agreement of the employer.’ There were no further renewals of this contract, and it therefore effectively became a contract of indefinite duration. The Complainant was granted a one-year extension on her compulsory retirement, setting her new retirement date as the 31st of October 2019.
In July 2019, the Complainant entered discussions with Ms. A, who was the Clinical Nurse Manager and the Complainant’s line manager in regards to continuing her employment following the 31st of October 2019. Here, Ms, A. indicated her support for this and told the Complainant to apply for an extension in writing which she did, she did not receive a response. In absence of a response, the Complainant went straight to the Director of Nursing, Mr. B where he informed her that this would not be possible and that they would only have work for her until the end of October 2019. He also informed her verbally that there was a plan to recruit non-EEA national nurses to fill positions with the Respondent. Non-EEA national work visas can only be applied for by employers when no suitable EEA nationals were available to work in the same occupational category. The Complainant asserts that the Respondent did not offer any rationale or objective justification for their decision to terminate her employment.
On 25th October 2019, the Complainant received her final communication from Mr. B confirming that her last working day would be 28th October 2019. Non-EEA nurses were recruited in November 2019 and took over the Complainant’s duties. The Respondent operated for a further eleven months and was then subject to High Court Winding-Up Proceedings on the ground of insolvency. Some staff were redeployed nearby, others received statutory redundancy and approximately €3,000 ex gratia payment which the Complainant had been denied. She had received an excellent reference from Ms. A, which the Complainant asserts proves that she was dismissed based purely on age. The complaint was referred to the WRC on 28th February 2020 where noo evidence was provided in rebuttal of the complaint that the Respondent had acted unlawfully and in breach of the Employment Equality Acts on the ground of age.
Decision: The Adjudicator found that the only basis for the Complainant’s compulsory retirement was her date of birth, and that at the time she was provided with the Fixed Term Contract in 2018 upon her reaching the age of 65, no objective justification was given either verbally or in writing. The Adjudicator was satisfied that there was sufficient work available that the Complainant was fully capable of undertaking. The Respondent was ordered to pay the Complainant €85,000, being 2 years’ remuneration, in compensation for breaches of the Employment Equality Acts.
The takeaway of this case for employers is they should note that compulsory retirement must have an express valid reasoning and justification behind it, and that it is not exempt from being construed as discrimination on the basis of age.
Related Articles:
- Retirement in the Workplace: Is it enforceable?
