(LRC Revised)

Number 30 of 1998

PARENTAL LEAVE ACT 1998

REVISED

Updated to 6 March 2024

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

Parental Leave Act 1998

. It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including the

Local Government (Mayor of

Limerick) and Miscellaneous Provisions Act 2024

(7/2024), enacted 6 March 2024,

and all statutory instruments up to and including the

Work Life Balance and

Miscellaneous Provisions Act 2023 (Workplace Relations Commission Code of Practice

on

the Right to Request Flexible Working and the Right to Request Remote Working) Order

2024

(S.I. No. 92 of 2024), made 6 March 2024, were considered in the preparation

of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

30

of

1998

PARENTAL LEAVE ACT 1998

REVISED

Updated to 6 March

2024

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title and commencement.

2.

Interpretation.

3.

Regulations.

4.

Voidance or modification of certain provisions in agreements.

5.

Expenses.

PART II

Parental leave and

Force Majeure

Leave

6.

Entitlement to parental leave.

7.

Manner in which parental leave may be taken.

8.

Notice of parental leave.

9.

Confirmation of parental leave.

10.

Postponement, curtailment and variation of parental leave by parties concerned.

11.

Postponement by employer of parental leave.

12.

Abuse of parental leave.

13.

Leave on grounds of

force majeure

.

13A.

Leave for medical care purposes.

13AA.

Domestic violence leave.

PART IIA

Requests for Flexible Working Arrangements for Caring

Purposes

13B.

Right to request a flexible working arrangement for caring purposes.

13C.

Obligation on employer to consider request under section 13B.

13D.

Changes to flexible working arrangements.

13E.

Termination in certain circumstances of flexible working arrangement.

13F.

Early return to previous working arrangement.

13G.

Abuse of flexible working arrangement.

13H.

Review of Part.

PART III

Employment Rights

14.

Protection of employment rights.

15.

Return to work.

15A.

Right to request changes when returning from parental leave.

16.

Right to alternative employment.

16A.

Protection of employees from penalisation.

PART IV

Resolution of Disputes

17.

“Dispute”.

(Repealed)

18.

Reference of disputes to rights commissioner.

19.

Appeal from decision of rights

commissioner.

(Repealed)

20.

Appeal to High Court on point

of law.

(Repealed)

21.

Decision under section 41 or

44 of Workplace Relations Act 2015.

21A.

Decision under section 41 or

44 of Act of 2015 in relation to dispute under

Part IIA

22.

Enforcement of decisions of

rights commissioner and determinations of Tribunal.

(Repealed)

PART V

Miscellaneous

22A.

Codes of practice.

23.

Notices.

24.

Winding up and

bankruptcy.

(Repealed)

25.

Amendment of enactments.

26.

Extension of Protection of Employees (Employers' Insolvency) Act, 1984.

27.

Records.

28.

Review of Act.

Acts Referred to

Adoption Act, 1952

1952, No. 25

Bankruptcy Act, 1988

1988, No. 27

Civil Service Regulation Act, 1956

1956, No. 46

Companies Act, 1963

1963, No. 33

Courts Act, 1981

1981, No. 11

Employment Agency Act, 1971

1971, No. 27

Employment Equality Act, 1998

1998, No. 21

Freedom of Information Act, 1997

1997, No. 13

Local Government Act, 1941

1941, No. 23

Maternity Protection Act, 1994

1994, No. 34

Minimum Notice and Terms of Employment Act, 1973

1973, No. 4

Minimum Notice and Terms of Employment Acts, 1973 to 1991

Organisation of Working Time Act, 1997

1997, No. 20

Protection of Employees (Employers' Insolvency) Act, 1984

1984, No. 21

Redundancy Payments Act, 1967

1967, No. 21

Redundancy Payments Acts, 1967 to 1991

Unfair Dismissals Act, 1977

1977, No. 10

Unfair Dismissals Acts, 1977 to 1993

Number

30

of

1998

PARENTAL LEAVE ACT 1998

REVISED

Updated to 6 March 2024

AN ACT TO IMPLEMENT COUNCIL DIRECTIVE 96/34/EC OF 3 JUNE 1996 ON THE FRAMEWORK AGREEMENT

ON PARENTAL LEAVE CONCLUDED BY UNICE, CEEP AND THE ETUC, FOR THAT PURPOSE TO AMEND

CERTAIN ENACTMENTS AND TO PROVIDE FOR RELATED MATTERS. [8

th July

, 1998]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering

text)

C1

Functions transferred

and references construed (14.10.2020) by

Disability, Equality, Human

Rights, Integration and Reception (Transfer of Departmental

Administration and Ministerial Functions) Order 2020

(S.I. No. 436 of

2020), arts. 2, 3(1)(a), (3) and sch., in effect as per art. 1(2), subject

to transitional provisions in arts. 4-8.

Note change of name of Department

and title of Minister to Department of and Minister for Children, Equality,

Disability, Integration and Youth made (15.10.2020) by

Children and Youth

Affairs (Alteration of Name of Department and Title of Minister) Order 2020

(S.I. No. 437 of 2020), in effect as per art. 1(2).

2. (1) The administration

and business in connection with the exercise, performance or execution of

any functions transferred by Article 3 are transferred to the Department of

Children and Youth Affairs.

(2) References to the

Department of Justice and Equality contained in any Act or instrument made

under such Act and relating to any administration and business transferred

by paragraph (1) of this Article shall, on and after the commencement of

this Order, be construed as references to the Department of Children and

Youth Affairs.

3. (1) The functions vested

in the Minister for Justice and Equality -

(a) by or under the

enactments specified in Schedule 1, and

...

are transferred to the

Minister for Children and Youth Affairs.

...

(3) References to the

Minister for Justice and Equality contained in any Act or instrument made

under such Act, and relating to any functions transferred by this Article

shall, on and after the commencement of this Order, be construed as

references to the Minister for Children and Youth Affairs.

SCHEDULE 1

Article 3(1)(a)

Enactments, functions by

or under which are transferred from the Minister for Justice and Equality to

the Minister for Children and Youth Affairs

...

Parental Leave Acts 1998 to

2019

...

C2

Dispute resolution mechanism provided (1.08.2015) by

Workplace Relations Act 2015

(16/2015), s. 41(1), (2) and sch. 5 part 3, S.I. No. 338 of 2015, art. 2(b).

Presentation of complaints and referral of disputes

41.

(1) An employee (in this Act referred to as a “complainant”) or, where the employee so consents, a specified person may present a complaint to

the Director General that the employee’s employer has contravened a provision specified in Part 1 or 2 of Schedule 5 in relation

to the employee and, where a complaint is so presented, the Director General shall,

subject to section 39, refer the complaint for adjudication by an adjudication officer.

(2) An employee or an employer (in this Act also referred to as a “complainant”) or, where the complainant so consents, a specified person, may refer a dispute as

to the entitlements of the employee under an enactment specified in Part 3 of Schedule

5 to the Director General, and, where a dispute is so referred, the Director General

shall, subject to section 39, refer the dispute for adjudication by an adjudication

officer.

...

C3

Functions in relation to Act transferred (1.01.2005) by

Health Act 2004

(42/2004), s. 59 and sch. 3 item 58, S.I. No. 887 of 2004.

Transfer of functions of specified bodies to Executive.

59.

—(1) The functions that, immediately before the establishment day, were the functions

of a specified body under or in connection with the enactments referred to in Schedule

3 are, by this Act, transferred to the Executive on that day.

...

SCHEDULE 3

Transfer of Functions and References to Functional Areas

Section 59 and 67.

...

58. Parental Leave Act 1998

...

Editorial Notes

E1

Act and

European Communities (Parental Leave) Regulations 2000

(S.I. No. 231 of 2000) included in definitions of “employment enactment” and “relevant enactment” (1.08.2015) by

Workplace Relations Act 2015

(16/2015), s. 2 and sch. 1 part 1 item 6, part 3 item 1, S.I. No. 338 of 2015, with

the following effects

• Authorised officers or inspectors under employment enactments deemed to be appointed

under

Workplace Relations Act 2015

(16/2015), s. 26(2) and subject to termination under s. 26(4).

• Powers of inspectors for purposes of relevant enactments defined in

Workplace Relations Act 2015

(16/2015), s. 27.

• Workplace Relations Commission, an inspector or an adjudication officer authorised

to disclose employer’s registered number or employee’s PPSN to enable Labour Court to perform functions under relevant enactments by

Workplace Relations Act 2015

(16/2015) s. 31(5).

• Power of Workplace Relations Commission and official body to disclose information

to each other concerning the commission of offence under relevant enactment provided

by

Workplace Relations Act 2015

(16/2015), s. 32.

• Power of Workplace Relations Commission and contracting authority to disclose information

to each other concerning the commission of offence under employment enactment/ relevant

enactment provided by

Workplace Relations Act 2015

(16/2015), s. 33.

• Powers of Minister to prosecute under relevant enactments transferred to Workplace

Relations Commission and references construed by

Workplace Relations Act 2015

(16/2015), s. 37.

• Functions of EAT to hear claims under employment enactments transferred to Workplace

Relations Commission and references to EAT construed by

Workplace Relations Act 2015

(16/2015) s. 66(1), (2), not commenced as of date of revision.

E2

Previous affecting provision: functions transferred and references to

Minister for and Department of Community, Equality and Gaeltacht Affairs construed

(1.04.2011) by

Equality, Integration, Disability and Human Rights (Transfer of

Departmental Administration and Ministerial Functions) Order 2011

(S.I. No.

139 of 2011), arts. 2, 3 and sch., in effect as per art. 1(2), subject to

transitional provisions in arts. 4-8. Name of Minister and Department changed to

Children and Youth Affairs and references construed (2.06.2011) by

Community,

Equality and Gaeltacht Affairs (Alteration of Name of Department and Title of

Minister) Order 2011

(S.I. No. 214 of 2011), in effect as per art. 1(2);

superseded as per C-note above.

E3

Previous affecting provision: functions transferred and references to

Minister for and Department of Justice Equality and Law Reform construed

(1.06.2010) by

Equality, Integration, Disability and Human Rights (Transfer of

Departmental Administration and Ministerial Functions) Order 2010

(S.I. No.

217 of 2010), arts. 2, 3 and sch., in effect as per art. 1(2), subject to

transitional provisions in arts. 4-8. Name of Minister and Department changed to

Justice and Law Reform and references construed (2.06.2010) by

Justice,

Equality and Law Reform (Alteration of Name of Department and Title of

Minister) Order 2010

(S.I. No. 216 of 2010); superseded as per E-note

above.

E4

Previous affecting provision: application of Act extended to certain parents (19.07.2000)

by

European Communities (Parental Leave) Regulations 2000

(S.I. No. 231 of 2000) for period to 31 December 2001.

Annotations

Modifications (not altering

text)

C1

Functions transferred

and references construed (14.10.2020) by

Disability, Equality, Human

Rights, Integration and Reception (Transfer of Departmental

Administration and Ministerial Functions) Order 2020

(S.I. No. 436 of

2020), arts. 2, 3(1)(a), (3) and sch., in effect as per art. 1(2), subject

to transitional provisions in arts. 4-8.

Note change of name of Department

and title of Minister to Department of and Minister for Children, Equality,

Disability, Integration and Youth made (15.10.2020) by

Children and Youth

Affairs (Alteration of Name of Department and Title of Minister) Order 2020

(S.I. No. 437 of 2020), in effect as per art. 1(2).

2. (1) The administration

and business in connection with the exercise, performance or execution of

any functions transferred by Article 3 are transferred to the Department of

Children and Youth Affairs.

(2) References to the

Department of Justice and Equality contained in any Act or instrument made

under such Act and relating to any administration and business transferred

by paragraph (1) of this Article shall, on and after the commencement of

this Order, be construed as references to the Department of Children and

Youth Affairs.

3. (1) The functions vested

in the Minister for Justice and Equality -

(a) by or under the

enactments specified in Schedule 1, and

...

are transferred to the

Minister for Children and Youth Affairs.

...

(3) References to the

Minister for Justice and Equality contained in any Act or instrument made

under such Act, and relating to any functions transferred by this Article

shall, on and after the commencement of this Order, be construed as

references to the Minister for Children and Youth Affairs.

SCHEDULE 1

Article 3(1)(a)

Enactments, functions by

or under which are transferred from the Minister for Justice and Equality to

the Minister for Children and Youth Affairs

...

Parental Leave Acts 1998 to

2019

...

C2

Dispute resolution mechanism provided (1.08.2015) by

Workplace Relations Act 2015

(16/2015), s. 41(1), (2) and sch. 5 part 3, S.I. No. 338 of 2015, art. 2(b).

Presentation of complaints and referral of disputes

41.

(1) An employee (in this Act referred to as a “complainant”) or, where the employee so consents, a specified person may present a complaint to

the Director General that the employee’s employer has contravened a provision specified in Part 1 or 2 of Schedule 5 in relation

to the employee and, where a complaint is so presented, the Director General shall,

subject to section 39, refer the complaint for adjudication by an adjudication officer.

(2) An employee or an employer (in this Act also referred to as a “complainant”) or, where the complainant so consents, a specified person, may refer a dispute as

to the entitlements of the employee under an enactment specified in Part 3 of Schedule

5 to the Director General, and, where a dispute is so referred, the Director General

shall, subject to section 39, refer the dispute for adjudication by an adjudication

officer.

...

C3

Functions in relation to Act transferred (1.01.2005) by

Health Act 2004

(42/2004), s. 59 and sch. 3 item 58, S.I. No. 887 of 2004.

Transfer of functions of specified bodies to Executive.

59.

—(1) The functions that, immediately before the establishment day, were the functions

of a specified body under or in connection with the enactments referred to in Schedule

3 are, by this Act, transferred to the Executive on that day.

...

SCHEDULE 3

Transfer of Functions and References to Functional Areas

Section 59 and 67.

...

58. Parental Leave Act 1998

...

Editorial Notes

E1

Act and

European Communities (Parental Leave) Regulations 2000

(S.I. No. 231 of 2000) included in definitions of “employment enactment” and “relevant enactment” (1.08.2015) by

Workplace Relations Act 2015

(16/2015), s. 2 and sch. 1 part 1 item 6, part 3 item 1, S.I. No. 338 of 2015, with

the following effects

• Authorised officers or inspectors under employment enactments deemed to be appointed

under

Workplace Relations Act 2015

(16/2015), s. 26(2) and subject to termination under s. 26(4).

• Powers of inspectors for purposes of relevant enactments defined in

Workplace Relations Act 2015

(16/2015), s. 27.

• Workplace Relations Commission, an inspector or an adjudication officer authorised

to disclose employer’s registered number or employee’s PPSN to enable Labour Court to perform functions under relevant enactments by

Workplace Relations Act 2015

(16/2015) s. 31(5).

• Power of Workplace Relations Commission and official body to disclose information

to each other concerning the commission of offence under relevant enactment provided

by

Workplace Relations Act 2015

(16/2015), s. 32.

• Power of Workplace Relations Commission and contracting authority to disclose information

to each other concerning the commission of offence under employment enactment/ relevant

enactment provided by

Workplace Relations Act 2015

(16/2015), s. 33.

• Powers of Minister to prosecute under relevant enactments transferred to Workplace

Relations Commission and references construed by

Workplace Relations Act 2015

(16/2015), s. 37.

• Functions of EAT to hear claims under employment enactments transferred to Workplace

Relations Commission and references to EAT construed by

Workplace Relations Act 2015

(16/2015) s. 66(1), (2), not commenced as of date of revision.

E2

Previous affecting provision: functions transferred and references to

Minister for and Department of Community, Equality and Gaeltacht Affairs construed

(1.04.2011) by

Equality, Integration, Disability and Human Rights (Transfer of

Departmental Administration and Ministerial Functions) Order 2011

(S.I. No.

139 of 2011), arts. 2, 3 and sch., in effect as per art. 1(2), subject to

transitional provisions in arts. 4-8. Name of Minister and Department changed to

Children and Youth Affairs and references construed (2.06.2011) by

Community,

Equality and Gaeltacht Affairs (Alteration of Name of Department and Title of

Minister) Order 2011

(S.I. No. 214 of 2011), in effect as per art. 1(2);

superseded as per C-note above.

E3

Previous affecting provision: functions transferred and references to

Minister for and Department of Justice Equality and Law Reform construed

(1.06.2010) by

Equality, Integration, Disability and Human Rights (Transfer of

Departmental Administration and Ministerial Functions) Order 2010

(S.I. No.

217 of 2010), arts. 2, 3 and sch., in effect as per art. 1(2), subject to

transitional provisions in arts. 4-8. Name of Minister and Department changed to

Justice and Law Reform and references construed (2.06.2010) by

Justice,

Equality and Law Reform (Alteration of Name of Department and Title of

Minister) Order 2010

(S.I. No. 216 of 2010); superseded as per E-note

above.

E4

Previous affecting provision: application of Act extended to certain parents (19.07.2000)

by

European Communities (Parental Leave) Regulations 2000

(S.I. No. 231 of 2000) for period to 31 December 2001.

Section

1.

Short title and commencement.

2.

Interpretation.

3.

Regulations.

4.

Voidance or modification of certain provisions in agreements.

5.

Expenses.

PART II

Parental leave and

Force Majeure

Leave

6.

Entitlement to parental leave.

7.

Manner in which parental leave may be taken.

8.

Notice of parental leave.

9.

Confirmation of parental leave.

10.

Postponement, curtailment and variation of parental leave by parties concerned.

11.

Postponement by employer of parental leave.

12.

Abuse of parental leave.

13.

Leave on grounds of

force majeure

.

13A.

Leave for medical care purposes.

13AA.

Domestic violence leave.

PART IIA

Requests for Flexible Working Arrangements for Caring

Purposes

13B.

Right to request a flexible working arrangement for caring purposes.

13C.

Obligation on employer to consider request under section 13B.

13D.

Changes to flexible working arrangements.

13E.

Termination in certain circumstances of flexible working arrangement.

13F.

Early return to previous working arrangement.

13G.

Abuse of flexible working arrangement.

13H.

Review of Part.

PART III

Employment Rights

14.

Protection of employment rights.

15.

Return to work.

15A.

Right to request changes when returning from parental leave.

16.

Right to alternative employment.

16A.

Protection of employees from penalisation.

PART IV

Resolution of Disputes

17.

“Dispute”.

(Repealed)

18.

Reference of disputes to rights commissioner.

19.

Appeal from decision of rights

commissioner.

(Repealed)

20.

Appeal to High Court on point

of law.

(Repealed)

21.

Decision under section 41 or

44 of Workplace Relations Act 2015.

21A.

Decision under section 41 or

44 of Act of 2015 in relation to dispute under

Part IIA

22.

Enforcement of decisions of

rights commissioner and determinations of Tribunal.

(Repealed)

PART V

Miscellaneous

22A.

Codes of practice.

23.

Notices.

24.

Winding up and

bankruptcy.

(Repealed)

25.

Amendment of enactments.

26.

Extension of Protection of Employees (Employers' Insolvency) Act, 1984.

27.

Records.

28.

Review of Act.

Number

30

of

1998