The Paternity Leave and Benefit Act 2016, entitles the “relevant parent” of a child, time off work to provide or assist in the provision of care to a child, or to provide support to the mother of a child, or an adopting parent.
A “relevant parent” for the purposes of the Act includes (a) a child's father, (b) the spouse/cohabitant. Civil partner of the child's mother, (c) the parents of a donor-conceived child, or (d) a sole male adopter.
If a same-sex couple is adopting a child then only one of them can be the 'relevant parent'. In the event of multiple births or adoptions, only one two week period applies.
Benefit and Conditions
- The new benefits came into effect on the 1st September and a relevant parent will be entitled to a single period of two weeks paternity leave, to be taken within a 26 week period of the birth (or adoption) of the child.
- A paternity leave benefit of €230 per week will be payable and funded by the Department of Social Protection - where the necessary PRSI contributions have been met. Paternity Benefit Claims can be made on a PB2 form - available on the Department of Social Protection website.
- While on paternity leave, employees retain the right to accrue annual leave and public holidays, as if they had not been absent from work.
Notification
Employees should notify their employer in writing, of their intention to take paternity leave, as soon as is practicable but not later than 4 weeks before the confinement date of the expectant mother, or the expected placement date, in cases of adoption.
The notification should be supported by a medical certificate or other appropriate documentation, confirming the date of confinement, or in the case of adoption, a copy of the certificate of placement.
Record Keeping
An employer is required to retain records of paternity leave, for a period of 8 years after the leave is taken. These records must include the period of employment of each employee and the dates and times of the leave taken.
If you need further information about paternity leave, you should contact the Workplace Relations Commission's Information and Customer Service.