Parent's leave

Parent’s leave entitles each parent to 9 weeks’ leave during the first 2 years of a child’s life, or in the case of adoption, within 2 years of the placement of the child with the family.

The leave period remains the same in the case of multiple births, for example if you have twins or if you adopt 2 or more children at the same time.

Parent’s leave is available to both employees and people who are self-employed.

You may also qualify for a payment called Parent’s Benefit during parent’s leave. Parent’s Benefit is paid while you are on parent’s leave from work if you have enough social insurance (PRSI) contributions.

Please note that your employer does not have to pay you while you are on parent’s leave, although some employers may ‘top-up’ your parent’s leave. If you qualify for Parent’s Benefit, you will get €274 each week.

Changes to parent’s leave from 1 August 2024

From 1 August 2024:

• Parent’s leave increased from 7 weeks to 9 weeks for children born or adopted after 1 August 2024
• You can claim the additional 2 weeks' parent’s leave if your child was under the age of 2 on 1 August 2024 or your adopted child had been placed with your family less than 2 years on 1 August 2024. You must complete the extra leave on or before your child’s second birthday or within 2 years of the adoption placement
• Parent’s Benefit also increased from 7 weeks to 9 weeks for each parent (if you qualify)

The differences between the types of leave for parents

This table explains the differences between the types of leave for parents.

Parents of children under 2 years of age

Parents of adopted children in the first 2 years of the placement of the child

Yes, Parent’s Benefit is paid for 9 weeks

Parents who need time off work to deal with serious medical care for the child.

Rules about parent's leave

The legislation governing parent’s leave is the Parent's Leave and Benefit Act 2019, as amended.

You must meet certain criteria to be eligible to take parent’s leave. You must:

• Be a relevant parent – see ‘Who can take parent’s leave?’ below:
• Take the leave within 104 weeks (2 years) of the birth of the child or in the case of adoption, from the date the child is placed with you (the placement date)
• Give at least 6 weeks’ notice to your employer

The legislation only provides for the minimum entitlement to parent’s leave. Your contract of employment may give you more rights.

Who can take parent’s leave?

Relevant parents can take parent’s leave for eligible children. A relevant parent is one of the following:

• A parent of the child
• A spouse, civil partner or cohabitant of the parent of the child
• A parent of a donor-conceived child as provided for under section 5 of the Children and Family Relationships Act 2015
• The adopting parent or parents of a child
• The civil partner or spouse of the child's adopting parent (if the parents have not adopted jointly)

How can I take parent’s leave?

You can take this leave as:

• One continuous period of 9 weeks leave or
• Separate periods of not less than one week

How much will I get paid during parent’s leave?

If you have enough PRSI contributions, you will get a weekly Parent’s Benefit of €274 per week. This is paid by the Department of Social Protection (DSP). Your employer does not have to pay you while you are on parent’s leave. However, some employers do pay or top up your pay during the leave period – this is set out in your contract of employment.

Other rules for parent’s leave

• You are treated as being in employment while you are on parent’s leave (and all other types of statutory leave for parents). You are entitled to return to your job after parent’s leave.
• Annual leave – you can build up annual leave while you are on parent’s leave.
• Public holidays – you are entitled to any public holidays that occur during your parent’s leave.
• PRSI contributions – you can get credited PRSI contributions while you are on parent’s leave.

Can I share my parent's leave with my partner?

Both parents have an equal separate entitlement to parent’s leave. You cannot transfer your entitlement to your partner.

Where one parent dies, the surviving parent is entitled to leave for the amount of leave the deceased parent did not take from their 9 week entitlement (this is known as transferred parent’s leave).

How to apply for parent's leave

You must give notice to your employer before you can take parent’s leave.

• Give your notice in writing
• Tell your employer at least 6 weeks before the leave is due to start
• Include the start date, the way the leave will be taken and how long the leave will last
• Include appropriate certification confirming your eligibility such as a birth certificate, or in the case of adoption, the certificate of placement.

You can contact the Workplace Relations Commission's Information and Customer Service for more information on your employment rights - see 'Where to apply' below.

Can my employer refuse my application for parent’s leave?

Your employer can only refuse parent’s leave if you are not entitled to it.

Your employer can postpone your parent’s leave once for up to 12 weeks. Your employer could postpone your leave for the following reasons:

• Seasonal variations in the volume of work
• No replacement to carry out your work
• The nature of your duties
• The number of other employees also taking parent’s leave
• Any other relevant matters that mean your parent’s leave would have a ‘substantial adverse effect on the operation of their business, profession or occupation’

Your employer must give you written notice that your parent’s leave will be postponed. They must do this at least 4 weeks before the leave was due to start. The notice must explain the reasons why they are postponing your parent’s leave. The new start date for your parent’s leave must be agreed by both you and your employer.

If a postponement of my parent’s leave takes me past the 2 year eligibility period

The eligibility period for parent’s leave (up to a child’s 2nd birthday) can only be extended for up to a maximum of 12 weeks in circumstances where an employer has rejected the original dates within the 2 year period for business reasons.

When making an application for parent’s leave and Parent's Benefit for dates outside of the 2 year eligibility period, you must submit supporting documentation to include confirmation from your employer detailing the reason for the rejection of the original dates, and confirming your employer has agreed the revised dates with you.

How to make a complaint?

You are protected against penalisation and unfair dismissal for claiming your rights under parent’s leave legislation.

Disputes about parental leave can be referred by the employee or the employer to the Workplace Relations Commission within 6 months of the dispute or complaint occurring.

You must use the online complaint form available on workplacerelations.ie. The time limit may be extended for up to a further 6 months, but only if there is a reasonable cause which prevented the complaint from being brought within the normal time limit.

Where to apply

Parent's Benefit Section

McCarter's Road
Buncrana
Donegal
Ireland
F93 CH79