What are the employment rights of fathers

With the changing face of the Irish social landscape the rights of fathers in the workplace are coming to the fore.  The question often arises as to what ‘family-friendly’ entitlements a father has, particularly in respect of the birth of their child. This article will provide you with a quick reference guide as to the employment rights of fathers: Is a father entitled to time off before the birth of the child? Generally speaking an employee is not entitled to time off in advance of the birth of their child. However, under section 15 of the Maternity Protection Acts, a father is entitled to paid time off to attend the last two ante-natal classes which the expectant mother of the child will also attend. The employer can insist that the father provides details of such appointments for their records. This entitlement of fathers to attend ante-natal classes is deemed a once-off entitlement. Is a father entitled to paternity leave upon the birth of their child? In Ireland there is currently no statutory right to paternity leave for fathers. Paternity leave is essentially time off that is afforded to fathers upon the birth of their child. Ireland differs from the EU norm in this respect in that employers are not obliged to allow a father paternity time off, paid or otherwise. Having said that, employers generally do allow a father to have some time off in this respect but they would be perfectly entitled to request that the employee take this time off as (a) discretionary unpaid leave, or (b) take it as annual leave from their annual leave entitlement. Would a father ever be entitled to leave on the birth of their child? Yes a father can be entitled to statutory leave upon the birth of their child and this arises in the unpleasant scenario that the mother dies within 24 weeks of the birth. In such unfortunate circumstances the father would be entitled to take the remainder of the mother’s maternity leave outstanding at the time of death and the father would also be entitled to take the additional 16 weeks maternity leave or the remainder of it at time of death. Would a father be entitled to leave if they have adopted a child? If both a female and a male have adopted a child then only the female is entitled to adoptive leave. However, where the male is the sole adopter of the child then he will be entitled to full statutory adoptive leave entitlements. Adoptive leave works on the same principle as maternity leave and in such scenario the adoptive parent is entitled to a 24 weeks’ unpaid adoptive leave to take effect when the child is placed with the parent(s) and also an additional optional 16 weeks’ adoptive leave after that. Is a father entitled to Parental Leave? Yes, a father is entitled to take parental leave. A father, like a mother, can take parental leave for 14 weeks in respect of each child he may have up until the child reaches the age of eight. In the case of an adopted child, if the child is adopted between the ages of six and eight then the parent is entitled to take the parental leave entitlement for two years from the date the child was placed. There is no obligation to pay the employee for the period of parental leave but they will still continue to accrue annual leave and public holiday entitlements. The Parental Leave Acts specify that parental leave may only be taken in minimum 6 week blocks but an employer may if they wish allow an employee to take parental leave on a daily or even hourly basis. Is a father entitled to Force Majeure Leave in the event of a medical emergency? Under the Parental leave Acts, fathers have an entitlement to paid time off are entitled to paid 'force majeure leave' when their immediate presence is needed because of the illness or injury of a close relative. A 'close relative' is defined as a child or adoptive child of the employee; the spouse or co-habiting partner; a brother or sister of the employee; or a parent or a grandparent of the employee. A father, like mothers, has an entitlement of 3 days of Force Majeure Leave in any 12 month period and a maximum of 5 days over any 36 month period. Conclusion It is important to note that fathers should not be treated any less favourably than their fellow colleagues for utilising any of the above legislative entitlements and if they do so then they are entitled to return to the same position they had occupied without loss of entitlement. An employee’s contract of employment and handbook are important reference points for fathers as the two documents will contain an employer’s policies relating to time off and entitlements, particularly where an employer is affording discretionary time-off, such as paternity leave. While fathers do not have the same entitlements as mothers in respect of family-friendly entitlements, there are in fact numerous legislative entitlements which fathers can avail of and it is important that employers familiarise themselves with same to ensure that they have sufficient cover for their work. Employers should seek advice from Peninsula Business Services when faced with any issues regarding family friendly entitlements in the workplace. Please phone the 24 Hour Advice Service on 01 8555050 and one of our experienced advisors will be happy to assist.