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Parental Leave Laws

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(@katemreagan)
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Joined: 10 years ago
Posts: 78
Topic starter  

I am starting this topic to get a better understanding of the parental leave laws in Ireland. In the US, maternity leave laws do not exist, aside from FMLA which not everyone gets, so the idea of having statutory maternity benefits is a novelty to me!

According to citizensinformation.ie Ireland offers 26 weeks maternity leave, with an additional 16 unpaid weeks to follow. The maternity leave benefit only applies to women who have contributed (worked) to PRSI in the 39 weeks prior to the start of maternity leave (or some variation).

1. If I start my residency from day one of entering Ireland as an EU citizen, would I be able to take the 26 weeks, paid or unpaid, regardless of how long I have been in Ireland?

2. What do most people do with their children between weeks 42 and 52 since the average entrance age for crèche is 1 year old?


   
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 Liam
(@moveclubadmin)
Honorable Member Admin
Joined: 11 years ago
Posts: 655
 

Kate,
I'll comment more later, but just wanted to add some relevant info, just released in yesterdays national budget.
Dad's to get 2 weeks parental leave πŸ™‚
http://www.irishexaminer.com/budget2016/budget2016-analysis/budget-2016-fathers-will-have-option-of-two-weeks-leave-359242.html


   
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(@katemreagan)
Trusted Member
Joined: 10 years ago
Posts: 78
Topic starter  

Oh I saw that as well!! Very cool! It looks like families won out in the sense of changes to the budget. πŸ™‚


   
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(@jason1575)
Active Member
Joined: 10 years ago
Posts: 19
 

So, can dads get 2 weeks retroactive? Say, 14-18 years ago? Haha πŸ™‚


   
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 Liam
(@moveclubadmin)
Honorable Member Admin
Joined: 11 years ago
Posts: 655
 

Haha good one, Jason. I'm sure people will try πŸ™‚


   
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 Liam
(@moveclubadmin)
Honorable Member Admin
Joined: 11 years ago
Posts: 655
 

Hi Kate

re:#1 Also from citizensInfo: "The entitlement to a basic period of maternity leave from employment extends to all female employees (including casual workers), regardless of how long you have been working for the organisation or the number of hours worked per week"
Based on that you would be entitled to leave, but in my opinion you probably won't be paid, but that will depend heavily on your employment contract. You won't have enough PRSI contributions to qualify for state payment, and unless your employment contract is in your favour, then you might have to go without pay. Employers are not obliged to pay women on maternity leave, but your job would be protected by law.

re#2: I'm going to have to ask around, or defer to others. My wife stays home with our kids, and they are all US born, so we didn't heave to look in to creche's.


   
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(@tony2phones)
Eminent Member
Joined: 11 years ago
Posts: 34
 

Kate as an EU citizen you might be entitled to payments under the common agreement. Best to check with your local Social Welfare as to entitlement.


   
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