Legislative Update: Fathers to Receive Paternity Leave Rights in Upcoming Family Leave Bill

Minister of State Aodhán Ó’Ríordáin has announced, in an interview with RTÉ’s Prime Time programme, that the upcoming Family Leave Bill is likely to include a new entitlement for fathers to two weeks’ of paid paternity leave in the event of the birth of their child. This will be a significant development for Irish employers and employees alike. Family Leave Bill The overall aim of the Family Leave Bill is to consolidate all family leave legislation into one accessible Act, meaning that all rights and obligations for maternity leave, parental leave, force majeure leave, carer’s leave and adoptive leave will all be contained in one piece of legislation. The main purpose of this is to make it easier for employers and employees alike to understand these rights and obligations which will have a positive impact on parents, and on women in particular, facilitating their participation in the workplace and protecting their family related employment rights. Paternity Leave - Current Position As it stands in Ireland, employees do not have the right to take paternity leave in the event of the birth of their child. This ultimately means that a father would be obliged to take either annual leave or unpaid leave in circumstances where an employer does not afford a contractual right to take paid time off in such circumstances. Paternity Leave - Proposals Thus, Minister Ó’Ríordáin’s announcement that the Family Leave Bill is likely to include an entitlement to two weeks’ paternity leave is a substantial development for employers and employees. The Minister informed RTÉ’s Prime Time that “Most European countries have statutory paternity leave. We don’t. I think an introduction of two weeks paid paternity leave would be welcome.” Indeed, 19 of the current 28 EU countries currently afford some form of paternity entitlement to fathers and it is possible that any future Irish right will closely mirror the entitlements that currently exist in the UK. In the UK, a father will be entitled to take up to two weeks paternity leave where they have worked for the employer for at least 26 weeks by either (a) the 15^th week before the due date of the child, or (b) the week the father receives confirmation that they are matched with their adopted child. Additionally, in the UK fathers are required to take their paternity leave within 56 days of the actual date of birth of the child. The Minister went on to state that he is “as confident as I can be at this stage that there will be two weeks paid paternity leave in that legislation but there is no definite in Irish politics. Things can change and priorities can change but I know that I’m committed to it…” ‘Paid’ Paternity Leave It is highly likely that any entitlement to “paid” paternity leave will mirror the current position of maternity leave, namely that the employer is not obliged to pay the employee for such time; rather the employee will be entitled to claim paid benefits through social welfare. Currently, the maternity benefit for mothers is €230 per week for a 26 week period. If employers are to receive a similar payment then it is anticipated that this will be at a cost to the Exchequer of approximately €10 million per annum. Employment Law Developments in 2015 2015 is set to be a whirlwind year for developments in Irish employment law. As it stands there are proposals in place for paternity leave, national minimum wage increases, reform of the employment tribunal system, reintroduction of EROs/JLCs, legislation on collective bargaining, and amendments to the right of employees to accrue annual leave whilst on sick leave, all of which is likely to be enacted in 2015. Therefore, employers are strongly advised to keep abreast of employment law developments over the coming year and to contact the Peninsula 24 Hour Advice Service on 01 855 50 50 if any question arises on these or any areas.