There are a number of claims you can bring to the Workplace Relations Commission (WRC) in respect of adoptive leave, carer’s leave, parental leave, force majeure leave, and maternity leave.
- Have you been granted adoptive leave entitlements?
Section 6 of the Adoptive Leave Act, 1995 entitles employed adoptive mothers or sole male adopters to a minimum period of adoptive leave of 24 weeks.
Section 9 of the Adoptive Leave Act, 1995 entitles an adopting father to adoptive leave where the adopting mother has died.
- Have you been granted additional adoptive leave rights?
Section 8 of the Adoptive Leave Act, 1995 entitles you are also entitled to take an additional 16 weeks’ unpaid additional leave after your adoptive leave end
Section 10 of the Adoptive Leave Act, 1995 entitles the adopting father to additional adoptive leave where the adopting mother has died
- Have you been granted your carer’s leave?
An employee with 12 months’ continuous service is entitled to carer’s leave of 104 weeks to provide full-time care and attention to a relevant person.
An employee shall not be entitled to carer’s leave during the same period in which another employee is absent from employment on carer’s leave for the purpose of providing full-time care and attention to the same relevant person.
- Have you, on the expiry of your carer’s leave, been allowed to return to work or been offered a suitable alternative employment
- An employee’s contract on return to work must not be less favourable than that under which they were employed before the absence on Carer’s Leave
- An employee is entitled to return to work but it is not reasonably practicable for the employer to permit the employee to return to work the employee shall be entitled to be offered by their employer a suitable alternative employment under new contact of employment
- Did you receive your entitlement to parental leave?
An employee who is the natural, adopting or adoptive parent of a child who has complete on year’s continuous employment is entitle to unpaid parental leave of 14 working weeks.
Note: this entitlement has changed to 18 working weeks-read the new parental leave entitlements in Ireland.
Section 7 Parental Leave Act, 1998 sets out the manner in which the leave can be taken.
Force Majeure Leave
Where an employee shall be entitled to leave with pay from his employment for urgent family reasons (injury, illness etc)
Maximum force majeure leave which may be availed is 3 days in 12 consecutive months or 5 days in 36 consecutive months
- On the expiry of your parental leave have you been allowed to return to work or were offered suitable alternative employment?
An employee’s contract on return to work must not be less favourable than under which they were employed before the absence on parental leave
Where it is not reasonably practicable for the employer to permit the employee to return to work the employee shall be entitled to be offered by the employer suitable alternative employment under a new contract of employment
- Did you receive your entitlement to maternity leave?
- Pregnant employees are entitled to 26 weeks’ maternity leave
- If the baby’s late birth means that an employee was less than 4 weeks’ maternity leave remaining after the week in which her baby was born she may extend her maternity leave to ensure that she has a full 4 weeks off following the week of the birth
- An employee who has taken her maternity leave may be entitled to additional maternity leave of up to 16 weeks