The Paternity Leave and Paternity Benefit Act 2016 entitles a relevant parent of a child born on or after 1 September 2016 to take 2 weeks paternity leave within the first 26 weeks of a child’ birth or adoption to take care of the child and provide support to the mother.
A relevant parent may be a biological father, a spouse, a civil partner or a cohabitant of the mother.
The 2 weeks’ leave are to be taken together.
The relevant parent must notify the employer in writing of the intention to take paternity leave. The notice should be given not later than 4 weeks’ before the expected week of the mother’s confinement/expected date of adoption placement. Otherwise the notice should be given 4 week’s before taking the leave if it going to be taken at a later date. The leave can be taken within 26 week’s of the birth/adoption placement.
Paternity Leave Policy
A formal paternity leave policy should be put in place and communicated to all staff so they know the required steps on how to apply for paternity leave.
All employment rights and the employment position of the relevant parent is preserved while on paternity leave.
Employees cannot be penalised for taking paternity leave and their employment cannot be terminated while on paternity leave.
Employees who have the necessary PRSI qualifications may be entitled to a payment of €230 per week as paternity benefit.
Self-employed persons will also qualify for paternity benefit if they have the necessary PRSI qualifications.
It is a matter for employers whether they decide to pay any additional top up of this payment.
Contact us to discuss your obligations.
The material in this article is for general information purposes only and does not constitute legal or taxation advice. Specific legal and taxation advice should be sought before acting. All information and taxation rules are subject to change without notice.
No liability whatsoever is accepted by M. McLoughlin & Co. for any action taken in reliance on the information in this article