(LRC Revised)

Number 35 of 2019

PARENT’S LEAVE AND BENEFIT ACT 2019

REVISED

Updated to 1 August 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

Parent's Leave and Benefit Act 2019

. 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

Courts, Civil Law, Criminal Law and

Superannuation (Miscellaneous Provisions) Act 2024

(30/2024), enacted 23 July

2024, and all statutory instruments up to and including the

Criminal Law (Sexual

Offences and Human Trafficking) Act 2024 (Commencement) Order 2024

(S.I. No. 391

of 2024), made 31 July 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

35

of

2019

PARENT’S LEAVE AND BENEFIT

ACT 2019

REVISED

Updated to 1 August

2024

CONTENTS

PART 1

Preliminary and General

Section

1.

Short title and commencement

2.

Interpretation

3.

Voidance or modification of

certain provisions in agreements

4.

Expenses

PART 2

Parent’s Leave

5.

Entitlement to parent’s leave

6.

Notification to

employer

7.

Allocation of

parent’s leave

8.

Commencement of

parent’s leave where relevant parent entitled to maternity leave

9.

Commencement of parent’s leave where relevant

parent entitled to adoptive leave under section 6(1) of Act of

1995

10.

Commencement of

parent’s leave for a relevant parent entitled to paternity leave

11.

Commencement of

parent’s leave (early confinement)

12.

Commencement of

parent’s leave (change in day of placement or date of

confinement)

13.

Postponement of parent’s leave by

employer

14.

Postponement of

parent’s leave in event of hospitalisation of child

15.

Entitlement to

parent’s leave on death of child

16.

Entitlement of

employed surviving parent to leave on death of relevant parent

PART 3

Employment Protection

17.

Interpretation (Part 3)

18.

Preservation or suspension of

rights while on parent’s leave

19.

Protection of employees from

penalisation

20.

General right to return to work

on expiration of parent’s leave

21.

Postponement of return to

work

22.

Provisions applying where

employee not permitted to return to work

PART 4

Resolution of Disputes

23.

Disputes regarding entitlements under Act

24.

Decision under section 41 or 44

of Act of 2015

25.

Burden of proof

PART 5

Parent’s Benefit

26.

Amendment of section 21 of Act of 2005

27.

Amendment of section 39 of Act of

2005

28.

Amendment of section 58 of Act of

2005

29.

Parent’s benefit

30.

Amendment of section 238B of Act

of 2005

31.

Amendment of section 241 of Act

of 2005

32.

Amendment of section 248 of Act

of 2005

PART 6

Miscellaneous

33.

Amendment of Schedule 3 to Redundancy Payments Act

1967

34.

Amendment of section 6 of Act of

1977

35.

Amendment of Act of

1994

36.

Amendment of Act of

1995

37.

Amendment of section 126 of Taxes

Consolidation Act 1997

38.

Amendment of Act of

2015

Acts Referred to

Adoption Act 2010 (No. 21)

Adoptive Leave Act 1995 (No.

2)

Children and Family

Relationships Act 2015 (No. 9)

Civil Partnership and Certain

Rights and Obligations of Cohabitants Act 2010 (No. 24)

Civil Registration Act 2004

(No. 3)

Civil Service Regulation Act

1956 (No. 46)

Employment Equality Act 1998

(No. 21)

Industrial Relations Act 1946

(No. 26)

Interpretation Act 2005 (No.

23)

Local Government Act 2001 (No.

37)

Maternity Protection Act 1994

(No. 34)

Medical Practitioners Act 2007

(No. 25)

Minimum Notice and Terms of

Employment Act 1973 (No. 4)

Paternity Leave and Benefit Act

2016 (No. 11)

Protection of Employees

(Fixed-Term Work) Act 2003 (No. 29)

Protection of Employees

(Part-Time Work) Act 2001 (No. 45)

Protection of Employees

(Temporary Agency Work) Act 2012 (No. 13)

Redundancy Payments Act 1967

(No. 21)

Redundancy Payments Acts 1967

to 2014

Social Welfare Consolidation

Act 2005 (No. 26)

Social Welfare, Pensions and

Civil Registration Act 2018 (No. 37)

Taxes Consolidation Act 1997

(No. 39)

Unfair Dismissals Act 1977 (No.

10)

Workplace Relations Act 2015

(No. 16)

Number

35

of

2019

PARENT’S LEAVE AND BENEFIT ACT 2019

REVISED

Updated to 1 August

2024

An Act to entitle certain employees

who are relevant parents in relation to a child to employment leave for the purposes

of

enabling them to provide, or assist in the provision of, care to the child; to entitle

certain employees who are surviving parents in relation to a child to employment leave

on

the death of a relevant parent; to provide for the payment of parent’s benefit to

certain persons and, for that purpose, to amend the Social Welfare Consolidation Act

2005;

for those purposes to provide for the consequential amendment of certain other enactments;

and to provide for related matters.

[24

th October

, 2019]

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 name of Department and Title of Minister changed from Children and

Youth Affairs to Children, Equality, Disability, Integration and Youth

(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).

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

...

Parent’s Leave and Benefit Act

2019 (No. 35 of 2019)

...

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 name of Department and Title of Minister changed from Children and

Youth Affairs to Children, Equality, Disability, Integration and Youth

(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).

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

...

Parent’s Leave and Benefit Act

2019 (No. 35 of 2019)

...

CONTENTS

Number

35

of

2019