Parental Leave Act, 1998 (2013 Amendment)

November 14, 2018
This Act has been amended from the 8th March 2013 to provide an increase in the period of Parental Leave entitlement for employees, as well as an additional requirement for employers to consider employee requests for temporary changes in working hours and/or patterns on return from Parental Leave.

The Parental Leave Act allows both Parents and persons acting in Loco Parentis (acting as a parent), unpaid leave for each child born or adopted for the purpose of taking care of the child, subject to certain conditions. Such leave does not interfere with any employment rights except superannuation.


Leave Entitlement: On completion of one year’s continuous service, an Employee may now, in line with the Amended Legislation, take 18 weeks Parental Leave. This leave may be taken in minimum continuous blocks of 6 weeks or, with the agreement of the Employer, in shorter blocks, or reduced working hours. Leave is not transferable between Parents unless both parents work for the same employer and it is with the agreement of the employer. Where the child is near the upper age limit and the Employee has more than 3 months service, Parental leave may be taken on a Pro-Rata basis. Except in the case of twins or triplets, Parental Leave is limited to 18 weeks in a 12-month period.


Qualifying Children: Children up to the age of 8 years or in the case of a child with disabilities or suffering from a long term illness up to the age of 16. Where an adopted child is between 6 and 8 years old at the time of adoption, then Parental Leave must be taken within two years of the adoption order.


Notice: Parents must give 6 weeks advance notice and arrangements agreed are recorded in the “Confirmation Document”, which must be prepared and signed 4 weeks prior to the Leave. Both parties, only, may change the terms agreed, once signed.


Employers may postpone leave where “it would have a substantial adverse effect on the employers business”. This may only be done once, except where the reason is due to “seasonal variations” in the business. In such cases it may be postponed twice. Where it is postponed, the Employer must state the reasons in a “Statement in Summary” Form no later than 4 weeks before commencement date, A postponement cannot exceed six months. Where such a postponement would take Parental Leave beyond the upper age limit of the child, the limits will not apply.


Purpose of Leave: The Parental Leave MUST be to take care of the child. Where an Employer discovers it is not being used for that purpose, then the Leave may be terminated by the giving of 14 days’ notice, in writing, stating the reasons. The Employee may make representations to the Employer within the first 7 days. In such cases, the Employee is not entitled to return to their position.


Sickness during Leave: Where an employee falls ill and they are unable to care for the child, leave may be suspended for the duration of the illness and will be regarded as sick leave.


Force Majeure Leave: Employees may take limited leave, WITH PAY, in the case of an injury to or an illness of a family member or a person in a relationship of domestic dependency, including same sex partners, and the presence of the Employee must be required where such a person is. Maximum leave is 3 days in 12 months / 5 days in 36 consecutive months. Employees availing of this leave should be requested to complete a form stating the reasons, as soon as is reasonably practicable after the leave has been taken.


Return to Work: Employees are entitled to return to the same or suitable alternative work on terms and conditions no less favorable than before. However, the Amended Legislation now places an obligation on employers to consider employee requests for changes to their working hours and/or patterns for a set period on return from Parental Leave


Employers must consider the needs of both the business and the employee when considering such requests.


Where the request is not granted, the employer must respond in writing to the employee as soon as possible, but no later than within 4 weeks after receipt to the request, advising that the request has been refused.


Where such changes are agreed, the employer must draft an Agreement setting out the following;


  • The changes to the employee’s working hours and/ or pattern.
  • The commencement and duration of the agreed set period.


The agreement should then be signed by both the employee and the employer and a copy should be retained by both.


Before signing an agreement, an employee may decide in writing to revoke a request for such changes.


Disputes: Where there is a dispute in relation to Parental Leave the matter may be referred to a Rights Commissioner whose decision may be appealed to the Employment Appeals Tribunal, and on to the High Court on a point of law.

By Tara Daly July 29, 2025
MSS - The HR People Achieves CPD Accreditation: What It Means for You At MSS - The HR People, we’re proud to announce that we have been officially accredited to deliver CPD (Continuing Professional Development) training. This milestone reflects our unwavering commitment to delivering high-quality, practical, and professionally relevant training to businesses across Ireland. But what exactly does CPD accreditation mean? Why is it significant? And, most importantly, how does it benefit the clients and professionals who choose MSS for their HR training? What Is CPD and Why Does It Matter? Continuing Professional Development (CPD) refers to the process of tracking and documenting the skills, knowledge, and experience gained both formally and informally as professionals work, beyond any initial training. CPD is essential in every sector but especially in fields like HR, where employment law, workplace regulations, and people management practices are constantly evolving. CPD-accredited training is independently assessed and verified to ensure that it meets industry standards for learning outcomes, relevance, structure, and delivery. Accreditation confirms that the training is not just informative, but valuable, impactful, and capable of contributing meaningfully to a participant’s professional development. In short, CPD accreditation is a mark of quality - and we’re delighted to now carry it. What CPD Accreditation Means for Us Becoming a CPD-accredited provider is a significant validation of our work. It’s more than a badge or certificate - it’s recognition from an external body that our training: Delivers clear learning outcomes Meets the expectations of professional development standards Is structured, well-presented, and aligned with current best practices Is designed with real-world application in mind For our team, this accreditation reinforces the integrity of our training content and confirms that the learning we provide is of the same high standard expected by national and international professional organisations. It also shows that we take our role as HR educators seriously. Whether we’re delivering workshops on employment law compliance, HR policies, or best-practice recruitment and onboarding, we are doing so in a way that stands up to scrutiny, offers measurable learning outcomes, and contributes to the continuous upskilling of our clients. What It Means for Our Clients and Training Participants CPD accreditation matters because it gives our clients confidence - not just in what we teach, but in how we teach it. Whether you're an SME owner trying to stay compliant, a people manager learning how to lead teams effectively, or an HR professional seeking to grow your knowledge base, attending a CPD-accredited session with MSS brings many advantages: 1. Assurance of Quality With CPD accreditation, clients know that our training is rigorously vetted. You’re not just taking our word for it - an independent body has confirmed that the training you’re investing in meets a high standard of professional learning. 2. Tangible Professional Development For individuals building their careers or maintaining professional memberships, CPD points or hours gained through our training can be recorded as part of formal CPD logs. This is especially relevant for HR professionals, business owners, and line managers who must show ongoing learning as part of their industry obligations. 3. Enhanced Employer Credibility Businesses that invest in CPD-accredited training show their teams and stakeholders that they care about learning, improvement, and staying up to date. It’s a positive reflection on company culture and helps improve employee engagement and retention. 4. Peace of Mind Around Compliance From Inclusive Leadership, Dignity at Work and Managing Difficult Behaviours, our accredited training ensures that you and your team are not only aware of your responsibilities but are applying them correctly. That means fewer risks, fewer mistakes, and a more confident leadership approach across your organisation. 5. Career Progression for Attendees Participants who undertake CPD-accredited training can use it to build their professional profile, apply for promotions, or demonstrate ongoing learning to regulatory or membership bodies. It helps turn learning into career momentum. A Mark of Trust for the Future At MSS - The HR People, we’ve always believed that training should be more than a tick-box exercise. It should inspire new ways of thinking, give people the tools to do their jobs better, and create lasting value for the businesses we support. Being CPD-accredited adds another layer of trust for our clients. It shows that we’re not just offering what’s popular or convenient - we’re offering what’s recognised, verified, and of real value. As we look ahead, CPD accreditation allows us to expand our training offering with confidence. From one-hour sessions and lunch-and-learns to multi-day workshops and tailored in-house programmes, all our CPD-accredited training will continue to be: Grounded in practical, real-world HR expertise Updated regularly to reflect changes in law and best practice Delivered in an accessible, engaging format that suits busy teams Backed by independent quality assurance Let’s Grow Together Whether you’re new to HR responsibilities or managing people across multiple departments, learning is essential. With CPD-accredited training from MSS - The HR People, you’re guaranteed a high-quality learning experience that’s both professionally recognised and immediately useful in your role.  Contact us today to find out more about our CPD-accredited training programmes or visit www.mssthehrpeople.ie/hr-training for more details.
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