Fathers now recieve Two Weeks' Paternity Leave

As per our previous updates, the Government pledged in Budget 2016 to introduce a two week paid benefit for fathers to take paternity leave. Last week, the Government released further details on this topic and it is expected that the legislation will be formalised and enacted by the end of July 2016. What was the current position before September? Currently in Ireland there is no statutory entitlement for fathers to paternity leave. As a result, it is up to the employer and employee to agree a contractual entitlement to paternity leave or alternatively to agree that the employee take annual leave or unpaid leave around the birth of their child. What are my employees be entitled to now? As above, employees will have a statutory entitlement to two weeks’ paid paternity leave. This will apply following the birth of their child but also in cases of adoption. Importantly, there is an equal right to paternity leave for same sex couples. So do I have to pay employees for this time off? No. This leave will run similar to maternity leave whereby employees are entitled to receive payment from the Department of Social Protection for the duration of paternity leave. Therefore, whilst you might hear about an entitlement to “paid” paternity leave, this payment will actually come from the State (currently €230). If an employer wishes, they can pay the employee their full wage for the duration of paternity leave, most commonly done by topping up the social welfare payment. How much notice does an employee have to give of paternity leave? Similar to maternity leave, the employee must provide 4 weeks advance notice of their intention to take paternity leave. Does the employee have to take the leave at the time of the child’s birth? No. The employee can choose to take the leave at any time in the 26 week period following the date of birth (or date of placement in cases of adoption). Are there any other paternity leave related protections for the employee? Employees on paternity leave will have similar protections as exist for mothers taking maternity leave, such as:

• Any dismissal of an employee whilst on paternity leave is deemed void.
• The legislation will also prohibit the penalisation of an employee for taking paternity leave.
• The employee has the right to return to work in the same or similar post.
• Employees will accrue annual leave and public holiday entitlements on paternity leave.
• Etc.

In the event of the death of the relevant employee in circumstances where they have not taken some or all of their paternity leave entitlement, that remaining entitlement will transfer to the other parent. In Budget 2016 it was announced that paternity benefit will be available from September 2016 and it is likely that the paternity entitlement will not take effect until then. Employers are encouraged to keep abreast of these developments and if you wish to receive or updates on this matter then please do not hesitate to contact our 24 Hour Advice Service on 01 855 50 50 and one of our experienced Employment Consultants will be more than happy to assist.