Update on Statutory Leave
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In our latest Insight, the RDJ Employment Team has prepared a helpful table setting out the various types of statutory leave currently available to employees, along with additional statutory leaves that are expected to be enacted over the coming months
Type of Leave | Who is entitled? | For how long? | Is it paid? | Who Pays? | Statute |
Maternity Leave | Pregnant employees | 26 weeks, and up to an additional 16 weeks | Yes, maternity benefit is paid for 26 weeks | The State (subject to eligibility) | Maternity Protection Acts 1994 to 2022, as amended |
Adoptive Leave | The sole adopter in the case of a parent adopting a child on their own or the nominated parent in the case of an adopting couple | 24 weeks, and up to an additional 16 weeks | Yes, adoptive benefit is paid for 24 weeks | The State (subject to eligibility) | Adoptive Leave Acts 1995 and 2005, as amended |
Paternity Leave | New parents of children (but not the parent who has taken Maternity or Adoptive Leave) within 26 weeks of the birth of the child or within 26 weeks of the placement of the child in the case of adoption. | 2 weeks | Yes, paternity benefit is paid for 2 weeks | The State (subject to eligibility) | Paternity Leave and Benefit Act 2016, as amended |
Parental Leave | Parents/guardians of children under 12, or under 16 where the child has a disability or long-term illness, or if a child aged between 10 and 12 is adopted, within 2 years of the date of the adoption order. | 26 weeks for each eligible child | No, it is unpaid | N/A | Parental Leave Acts 1998 to 2019, as amended |
Parent’s Leave | Parents of children under 2, parents of adopted children within the first 2 years of the placement of the child | 7 weeks (where the child is born or adopted after 1 July 2022) | Yes, parent’s benefit is paid for 7 weeks | The State (subject to eligibility) | Parent’s Leave and Benefit Act 2019, as amended |
Annual Leave | All employees | Entitlements based on time worked | Yes, calculated at normal weekly rate | The employer | Organisation of Working Time Act 1997, as amended |
Sick Leave | Employees who have completed 13 weeks of service | 3 days per annum (set to increase to 5 days in 2024, 7 days in 2025, and 10 days in 2026). | Yes – 70% of usual daily earnings, capped at a maximum of €110 per day | The employer | Sick Leave Act 2022 |
Carer’s Leave | Employees after 12 month’s service | 13 weeks – 104 weeks | Yes, it is paid | The State (subject to eligibility) | Carer’s Leave Act 2001, as amended |
Force Majeure Leave | All employees | 3 days in a 12-month period, or 5 days in a 36-month period | Yes, it is paid | The employer | Section 13, Parental Leave Act 1998 to 2019, as amended |
Public Holidays | All full-time employees, certain part-time employees | 10 public holidays per calendar year | Yes, it is one day’s pay, or one-fifth of weekly pay for certain employees | The employer | Organisation of Working Time Act 1997, as amended |
Leave that has been signed into law but has not yet been commenced by way of Commencement Order which is required to give it effect
Leave | Who is entitled? | For how long? | Is it paid? | Who Pays? | Statute |
Domestic Violence Leave | All employees | 5 days in any period of 12 consecutive months | Yes, but we are awaiting a prescribed rate of pay | The employer | Work Life Balance and Miscellaneous Provisions Act, 2023 |
Leave for Medical Care Purposes | All employees | 5 days in any period of 12 consecutive months | No, it will be unpaid | N/A | Work Life Balance and Miscellaneous Provisions Act, 2023 |
Leave for Breastfeeding Purposes | Employees who are breastfeeding | Up to 1 hour per working day (or pro rata for part-time employees) for up to 104 weeks post-birth (extended from up to 26 weeks post-birth) | Yes, it is paid | The employer | Work Life Balance and Miscellaneous Provisions Act, 2023 |
If you have any queries in relation to the above, please contact one of the RDJ Employment Team.