Ireland: Ireland Not Able To Implement Revised Parental Leave Until 2013.

On 1 December 2009 the EU Council of Ministers agreed to adopt a proposal for a revised Parental Leave Directive (2010/18/EU) agreed by the EU social partners in June 2009. The current Parental Leave Directive (96/34 EC) will be repealed and Member States have until March 2012 to transpose its provisions into national law.

However, a spokesperson for the Department of Justice said the Government's heavy legislative agenda meant the parental leave directive could not be transposed in this country until March 2013.

The measures include increasing parental leave for each working parent from three to four months, providing better protection against discrimination and ensuring a smoother return to work.

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

1.    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.

2.    The entitlement is given to both parents of a child or an adopted child up to the age of 8 years.

3.    The leave is an individual right and should not be transferred from one parent to another.

4.     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.

5.    The terms apply to all categories of workers including part-time, temporary and fixed term workers.

6.     It is open to Member States to decide whether parental leave is granted on a full-time, part-time or piecemeal basis.

7.     Employees returning from parental leave shall have the right to return to the position they enjoyed prior to taking leave or, if that is not possible, to an   equivalent or similar position consistent with their employment contract.

Member States are entitled to adopt more favourable provisions to those outlined in the Directive.

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