REVISED PARENTAL LEAVE DIRECTIVE


In line with Guideline 18 of the Lisbon Treaty to increase the participation of women in the professions and in the workplace and as little attention has been paid heretofore to the reconciliation of childcare responsibilities and the distribution of home tasks, the EU Council agreed the terms of a revised Parental Leave Directive on the 30th November, 2009. The Directive came into force on the 8th March, 2010 and Member States have until March 2012 to transpose its provisions into national law.

The revised Parental Leave Directive is trying to ensure that both parents take leave and it includes the following changes:-

  • The right of working parents to parental leave is extended from 3 to 4 months for each child. This previous entitlement stood at 14 weeks per child. This entitlement is given to both parents of a child or an adopted child up to the age of 8 years. The leave is an individual right and should not be transferred from one parent to another. However, in order to encourage a more equal take up of leave by both parents, one of the months is non-transferrable. If only one parent takes the leave then it is limited to 3 months.

  • The terms apply to all categories of workers including part-time, temporary and fixed term workers. The revised Directive permits Member States to maintain the possibility of a qualification period of one year before an employee can apply for the leave. In the case of successive fixed term contracts with the same employer, the sum of these contracts must be taken into account for the purpose of calculating the qualifying period.

  • Conditions of access and rules for applying for the leave will be left up to the Member States. Member States can decide whether parental leave is granted on a full-time or part-time basis, in a piecemeal way or in the form of a time-credit system.

  • All forms of less favourable treatment are prohibited including dismissal on grounds of applying for or taking up parental leave.

  • Governments, employers and unions will be obliged to assess and consider the specific needs of adopted children and children with a disability.

  • Employees returning from parental leave shall (a) have the right to return to the same job or, if that is not possible, to an equivalent or similar job consistent with their employment contract or relationship and (b) will have the right to ask for changes to their working hours and/or schedules for a limited period. Employers will be obliged to balance the needs of an employee as well as the business in considering such requests. Both parties will be encouraged to maintain contact during the period of parental leave and to arrange reintegration measures on return to work.

Member States may of course introduce more favourable provisions to those outlined above.

Under existing legislation in Ireland an employee is not entitled to paid parental leave. This has acted as a disincentive to many parents. The revised Directive still leaves the matter of paid parental leave up to the individual Member States. Given the economic state of the nation the current position is unlikely to change in Ireland.

For further information contact Carol Fawsitt at 6624747 or by email to cfawsitt@hayes-solicitors.ie