An employee emails to say they want to take Parental Leave. What should you do next? You may know employees can take Parental Leave to care for their children, but when a request lands in your inbox, do you know the ins and outs? How much leave is the employee entitled to? How can they take it? What needs to be in their written request? Can you postpone the dates if they cause problems for the business? What if the employee works shifts or part-time? And how do you know whether they have already used some of their entitlement with a previous employer?
Getting these details right matters because Parental Leave is a statutory employment right. It can also stretch over several years, so poor records today can cause real confusion when another request arrives in the future. This guide explains what Irish employers need to know and, more importantly, what you should actually do when an employee requests Parental Leave.
What Is Parental Leave in Ireland?
Parental Leave is unpaid leave from employment that allows an eligible parent to take time away from work to care for their child. Each eligible parent can currently take up to 26 working weeks of Parental Leave for each eligible child. In general, the leave must be taken before the child reaches 12 years of age. Where a child has a disability or long-term illness, the age limit is generally extended to 16.
An employee will normally need at least one year’s continuous service with their employer before taking their full Parental Leave entitlement. There is an exception where an employee has more than three months but less than one year’s service and their child is approaching the relevant age limit. In those circumstances, the employee may qualify for a pro-rata entitlement of one week’s Parental Leave for each month of continuous employment completed when the leave begins.
Parental Leave is unpaid. However, the employee remains in employment while taking it and retains important employment protections.
Can Both Parents Take Parental Leave for the Same Child?
Yes. Each eligible parent has their own Parental Leave entitlement for the same child. This means one parent taking 26 weeks does not use the other parent’s entitlement. For example, where both parents qualify, Parent A could have an entitlement of up to 26 weeks for their child and Parent B could separately have an entitlement of up to 26 weeks for that same child.
Generally, one parent’s entitlement cannot simply be transferred to the other. There is an exception where both parents work for the same employer. In that situation, a transfer of part of the entitlement may be possible with the employer’s agreement.
Parental Leave vs Parent’s Leave in Ireland
The names are almost identical, but Parental Leave and Parent’s Leave are two different statutory entitlements.
- Parental Leave gives eligible parents up to 26 working weeks of unpaid leave for each eligible child, generally to be taken before the child turns 12.
- Parent’s Leave currently gives each eligible relevant parent nine weeks’ leave within the first two years of a child’s life or, in the case of adoption, within two years of the placement of the child with the family. An eligible parent may receive Parent’s Benefit from the Department of Social Protection during Parent’s Leave, subject to the relevant PRSI requirements.
Tip: When an employee asks for “parental leave”, ask them to clarify whether they are applying for Parental Leave or Parent’s Leave, because the entitlements, rules and processes are different.
How Can Parental Leave Be Taken?
Parental Leave does not always have to mean an employee disappearing from the business for 26 consecutive weeks. Current WRC guidance sets out that Parental Leave can be taken as:
- One continuous period of up to 26 working weeks
- Two separate periods, each of at least six weeks, with at least 10 weeks between the periods unless a shorter interval is agreed
- Individual working days, hours or a combination of both where the employer agrees to that arrangement
The legislation also provides for certain additional periods of at least one week in circumstances where an employee has already taken part of their leave.
The important distinction for employers is that an employee can have a statutory entitlement to Parental Leave without necessarily having an automatic right to take it in whatever pattern they choose. For example, an employee might ask to take every Friday as Parental Leave for the next six months. That arrangement may work perfectly well for your business and you can agree to it. However, taking Parental Leave as individual days or hours requires agreement with the employer.
Equally, employers should not have a blanket rule stating that employees can only take their Parental Leave as one continuous 26-week block. When a request arrives, look at both the employee’s entitlement and the way they are proposing to use it.
An Employee Has Requested Parental Leave: What Should You Do?
This is where having a clear process makes a real difference. Don’t simply reply “that’s fine” and put the dates in the calendar. Before confirming the leave, establish exactly what the employee is entitled to, what they are requesting and what needs to be recorded. This is important as you have to retain the Parental Leave agreement and details for 12 years.
What Must Be in the Employee’s Parental Leave Request?
The employee must give written notice of their intention to take Parental Leave as soon as reasonably practicable and no later than six weeks before the proposed commencement of the leave.
Their written notice must specify:
- The proposed start date
- The duration of the leave
- The manner in which they propose to take it
- The notice must be signed by the employee
The employer can also request reasonable evidence relating to the employee’s status as a parent and the child’s date of birth. Different supporting information may be relevant in the case of adoption.
The “manner” in which the leave will be taken is particularly important. An email simply saying “I’d like to take some Parental Leave in October” doesn’t give you all the information you need. You need to know whether the employee wants a continuous period, separate periods or, for example, every Friday as Parental Leave. Once you receive the request, start checking the details rather than waiting until the proposed start date approaches.
What Should You Ask and Document?
A good Parental Leave process should leave both the employer and employee clear about what has been requested, what entitlement exists and what has been agreed.
Work through these questions.
1. Which child is the leave for?
Ask for the child’s name and date of birth and confirm the employee’s relationship to the child.
This establishes whether the child falls within the relevant age limits and allows you to keep the employee’s Parental Leave entitlement recorded against the correct child.
Document: The child to whom the leave relates, their date of birth and any supporting evidence requested to establish eligibility.
2. Does the employee have enough service?
Check the employee’s start date and continuous service. Most employees need one year’s continuous employment before taking their full entitlement.
There is an exception where an employee has more than three months but less than one year’s continuous service and their child is approaching the age at which they will no longer qualify for Parental Leave. In this situation, the employee may be entitled to Parental Leave on a pro-rata basis. They are entitled to one week of Parental Leave for each month of continuous employment they have completed with the employer. For example, if an employee has completed eight months’ continuous service and delaying the leave until they reach one year’s service would mean their child is no longer within the qualifying age for Parental Leave, they may be entitled to eight weeks of Parental Leave.
So, if an employee has less than one year’s service, don’t automatically assume they are not entitled to Parental Leave. Check how long they have worked for you and the age and circumstances of the child before making a decision.
Document: The employee’s commencement date and the basis on which eligibility has been established.
3. Has Parental Leave already been taken for this child?
This is a very important question, particularly when dealing with an employee who has joined your organisation from somewhere else. Changing employer does not create a fresh Parental Leave entitlement for the same child. Ask whether the employee has previously taken Parental Leave for this child and, if so, how much. Where appropriate, ask the employee for information or supporting records relating to previous Parental Leave so you can establish their remaining entitlement.
Document: Previous Parental Leave taken and your calculation of the employee’s remaining entitlement.
4. How does the employee want to take the leave?
Establish the exact pattern being requested. Is it a continuous period? Separate blocks? Individual days? A few hours each week? This is where you identify whether the employee is proposing a statutory manner of taking the leave or asking you to agree to a more flexible arrangement involving individual days or hours.
Document: The proposed dates, days or hours and any alternative arrangement agreed between you and the employee.
5. What is the employee’s normal working pattern?
This is particularly important for part-time employees and shift workers. Establish the employee’s actual working days and hours and, where appropriate, their roster pattern.
Document: The normal working pattern and any calculation used to translate the Parental Leave entitlement into days or hours.
6. How much entitlement will remain?
Before confirming the leave, record the employee’s entitlement before this application, the amount being used and what will remain afterwards. This is particularly valuable where someone is taking individual days or hours over a long period.
Document: Opening entitlement, leave taken and remaining balance.
Don’t Miss the Four-Week Confirmation Deadline
The employee giving six weeks’ notice is only the first part of the process. Once the request has been received and you have checked the employee’s entitlement and proposed arrangement, the employer and employee must prepare and sign a confirmation document at least four weeks before the Parental Leave is due to begin.
The confirmation document should record:
- The date the Parental Leave will start
- The duration of the leave
- The manner in which the leave will be taken
Both the employer and employee should retain a copy. This means there is a relatively short window between receiving the employee’s request and completing the confirmation process, so employers should start reviewing an application as soon as it is received.
A useful timeline to follow is:
- At least six weeks before the leave: The employee submits their written request, setting out the proposed start date, duration and manner in which they want to take the leave.
- Before the confirmation document is signed: Check eligibility, previous Parental Leave, remaining entitlement, the employee’s working pattern and the proposed arrangement. This is also the time to consider whether there are any genuine operational difficulties with the dates requested.
- At least four weeks before the leave: The employer and employee prepare and sign the confirmation document.
The timing of that final step matters. Once the confirmation document has been signed, the employer can no longer use the normal statutory postponement provisions to unilaterally postpone the leave for operational reasons. If you have concerns about the proposed dates, raise them and get advice before the confirmation document is signed.
What If You Can’t Agree to the Parental Leave Request?
Receiving a Parental Leave request does not always mean that you can simply approve exactly what has been requested. However, there is an important difference between an employee not being entitled to Parental Leave, an eligible employee requesting dates that would create substantial operational difficulties and an employee asking to take their leave in a pattern that requires your agreement.
Understanding which situation you are dealing with will determine what you should do next.
When the employee is not entitled to Parental Leave
After checking the application, you may have reasonable grounds for believing that the employee is not entitled to the leave they have requested. For example, the child may be outside the relevant age limit, the employee may already have used their full entitlement for that child, or they may not meet the required service conditions.
An employer should not simply reject the application by email. There is a statutory procedure to follow where an employer proposes to refuse Parental Leave because they believe the employee is not entitled to it. The employee must be notified in writing of the proposed refusal and the reasons for it and given an opportunity to make representations before a final decision is made.
If there is any doubt about eligibility, check the facts and speak to your HR Consultant before refusing the request.
When the employee is entitled but the timing causes difficulties
An employee may be fully entitled to Parental Leave, but the dates they have requested could create significant operational difficulties for the business. In certain circumstances, an employer can postpone the start of Parental Leave where granting it at the requested time would have a substantial adverse effect on the operation of the business.
The legislation allows an employer to postpone the start of Parental Leave where granting it at the requested time would have a substantial adverse effect on the operation of the business. Reasons may include:
- Seasonal variations in the volume of work
- Difficulty finding someone to cover the employee’s duties
- The nature of the employee’s duties
- Staffing levels within the business
- The number of other employees already taking Parental Leave at the same time
This does not mean that an employer can postpone Parental Leave simply because the dates are inconvenient. There needs to be a genuine operational reason for the postponement that meets the requirements set out in the legislation.
Before postponing the leave, the employer must consult with the employee. If the leave is then being postponed, the employee must be notified in writing no later than four weeks before the intended start date, and the notice should summarise the grounds for the postponement. The new commencement date should generally be agreed with the employee and cannot normally be more than six months after the date originally requested.
There is also a limit on how often an employer can use this provision. Parental Leave for a particular child can generally only be postponed once. Where seasonal variations in the volume of work are the reason for the postponement, it may be postponed a second time.
When the employee wants to take individual days or hours
Another situation is where the employee is entitled to Parental Leave but wants to take it as individual days or hours. For example, they might ask to take every Friday as Parental Leave for six months or reduce their hours on particular days each week.
These arrangements can work very well for both the employee and the business, but taking Parental Leave in individual days or hours requires agreement with the employer. The employee’s entitlement to Parental Leave does not automatically give them the right to choose this particular pattern.
If you agree to the request, be very clear about what has been agreed. Record the days or hours to be taken, how they will be calculated against the employee’s overall entitlement and how changes to the arrangement will be handled. Make sure the employee’s manager and payroll receive the same information.
How Is Parental Leave Calculated for Part-Time Workers?
Part-time employees can qualify for Parental Leave in the same way as full-time employees, provided they meet the eligibility requirements. The calculation needs more attention where Parental Leave is being taken as individual days or hours because you need to base it on the employee’s actual working pattern rather than assuming a standard five-day working week.
For example, don’t automatically convert 26 weeks of Parental Leave into 130 working days for every employee. That calculation assumes a five-day working week and will not accurately reflect the working pattern of someone who works fewer days or different hours.
Where Parental Leave is taken as agreed days or hours, look at the hours the employee would normally have worked and calculate the leave against that working pattern. Keep a written record of the calculation you use, particularly if the employee later changes their working hours or makes another Parental Leave request.
This is also different from the service-related pro-rata entitlement discussed earlier in this guide. A part-time employee does not receive less Parental Leave simply because they work part-time. The important point is that, when the entitlement needs to be converted into days or hours, it must reflect that employee’s working pattern.
How Does Parental Leave Work for Shift Workers?
Shift workers are entitled to Parental Leave too, but calculating leave taken as days or hours can be less straightforward when their working pattern changes from week to week. An employee might work three 12-hour shifts one week and four shifts the next, for example, or work a repeating roster of days, nights and rest days.
In these situations, look at the employee’s actual working pattern rather than treating a week as Monday to Friday or assuming that every working day contains the same number of hours. Where working hours vary, the legislation provides for an average-hours calculation to be used when determining the equivalent amount of Parental Leave taken in days or hours.
Before confirming the arrangement, review the employee’s roster and working hours and document the calculation you have used. The same calculation and agreed leave pattern should then be provided to payroll so that the employee’s pay and Parental Leave records remain consistent. If the employee has a particularly complicated or changing roster, it is worth checking the calculation with your HR Consultant before the leave begins.
Keep Your Payroll Records Clear
Parental Leave is unpaid, so naturally the employee’s pay will need to reflect the time they are away from work. However, there is another reason to think carefully about how Parental Leave is recorded through payroll: it can provide both the employer and employee with a useful record of the leave actually taken.
Take an employee who normally works five days each week and has agreed to take every Friday as Parental Leave for a period of six months. Simply reducing their wages by 20% may produce the appropriate pay figure, but a percentage reduction on its own does not explain why their pay has changed or create a useful record that those Fridays were taken as Parental Leave.
Where your payroll system allows it, it is better practice to identify the unpaid absence as Parental Leave rather than relying on an unexplained percentage adjustment. This gives the employee a clearer record of why their pay has changed and gives the employer another record that can be checked against the employee’s HR file and remaining entitlement.
This becomes particularly useful when Parental Leave is taken as individual days or hours over several months. Payroll should therefore be given the exact dates, shifts or hours being taken as Parental Leave, the employee’s normal working pattern and details of any changes to the agreed arrangement.
Your HR file should remain the main record of the employee’s Parental Leave entitlement and remaining balance. Clear payroll records provide an additional audit trail and help make sure that both the employer’s and employee’s records reflect what was actually taken.
Parental Leave Situations That Need a Little More Consideration
Most Parental Leave requests will follow a fairly standard process, but some circumstances require additional checks or calculations. Knowing about these situations in advance makes it much easier to deal with them properly when they arise.
What if the employee has more than one child?
Parental Leave is an individual entitlement for each eligible child. However, where an employee has more than one eligible child, they can generally take no more than 26 weeks of Parental Leave in any 12-month period unless the employer agrees otherwise.
There is an exception for children of a multiple birth, such as twins or triplets. This is another reason why employers should record Parental Leave against each individual child rather than keeping one general Parental Leave balance for the employee.
What if both parents work for you?
Both eligible parents can have their own Parental Leave entitlement for the same child. One parent’s use of their entitlement does not normally reduce the other parent’s entitlement.
Where both parents work for the same employer, there is also scope for one parent to transfer part of their Parental Leave entitlement to the other parent with the employer’s agreement. If you agree to a transfer, check the entitlement and remaining balance for both employees and document clearly what has been transferred and to whom.
What if the employee took Parental Leave with a previous employer?
Moving to a new employer does not give an employee a fresh 26-week Parental Leave entitlement for the same child. If they have already taken part of their entitlement while working elsewhere, that leave needs to be taken into account when establishing what remains.
Ask the employee about previous Parental Leave when you receive their application and, where appropriate, ask for supporting information. This is particularly important for newer employees because your own HR records will only tell you what they have taken while working for your organisation.
What if the employee wants every Friday off?
An employee can ask to take Parental Leave as individual days, such as every Friday for a number of months, but this type of arrangement requires the employer’s agreement. Consider whether the proposed pattern is workable for the business and whether another arrangement might work better for both parties.
If you agree, record the dates carefully and keep the employee’s remaining entitlement updated as each day is taken. Payroll should also record the absence as Parental Leave so that your HR and payroll records remain consistent.
What if the employee becomes ill during Parental Leave?
There are circumstances where Parental Leave can be suspended if an employee becomes ill while on leave and is unable to care for their child. The employee must follow the relevant notification requirements and provide appropriate evidence of their illness.
Don’t simply change the absence from Parental Leave to sick leave informally. Check the circumstances, document what has happened and get advice where necessary so that both the employee’s Parental Leave balance and absence records remain correct.
What happens to annual leave and public holidays?
An employee continues to accrue annual leave while on Parental Leave. Public holiday entitlements also need to be dealt with correctly, so an employee should not simply lose a public holiday because it falls during a period of Parental Leave.
Make sure annual leave and public holiday entitlements are reviewed when processing a longer period of Parental Leave. This will help avoid incorrect leave balances when the employee returns to work.
Keep a Clear Parental Leave Record
The information you collect when reviewing the employee’s application should form one clear Parental Leave record. You should be able to look at that file several years later and understand which child the leave related to, what entitlement the employee had, what they requested, what was agreed, what was actually taken and what entitlement remains.
The file should include the employee’s written request, supporting eligibility information where required, details of previous Parental Leave, calculations used for part-time or shift workers, the signed confirmation document, any correspondence about postponement or alternative arrangements, the information given to payroll and an up-to-date record of the employee’s remaining entitlement.
Employers are required to retain Parental Leave records for 12 years. Given the length of that retention period, don’t rely on a manager remembering what was agreed or leave the only record sitting in an email inbox.
Employer Checklist: What to Do When You Receive a Parental Leave Request
Use this checklist each time an employee applies for Parental Leave:
- Confirm that the employee is applying for Parental Leave rather than Parent’s Leave.
- Check which child the application relates to, the child’s age and the employee’s eligibility.
- Check the employee’s length of service and whether the full entitlement or a service-related pro-rata entitlement applies.
- Ask about Parental Leave already taken for that child, including leave taken with previous employers.
- Check that the written application contains the proposed start date, duration and manner in which the employee wants to take the leave and that the required notice has been provided.
- Establish whether the employee wants a continuous period, separate periods or an arrangement involving individual days or hours.
- Check the employee’s normal working pattern, particularly if they work part-time, shifts or variable hours.
- Calculate how much Parental Leave the employee has available, how much this request will use and what will remain afterwards.
- Consider any genuine operational issues before signing the confirmation document. If postponement may need to be considered, get HR advice at this stage.
- Prepare and sign the confirmation document with the employee at least four weeks before the leave begins.
- Give the employee’s manager and payroll the exact dates, shifts or hours that have been agreed and make sure the unpaid absence is clearly recorded as Parental Leave where your payroll system allows.
- Update the employee’s Parental Leave record as the leave is taken and retain the required records for 12 years.
Following the same process for every application makes Parental Leave easier to manage and gives both the employer and employee clarity about what has been agreed. It also reduces the risk of incorrect calculations, payroll confusion or uncertainty about the employee’s remaining entitlement later.
Managing Parental Leave Starts With Good Records
Parental Leave requests become much harder to manage when agreements are made informally and records are updated afterwards, if at all. For example, a manager may agree that an employee can take every Friday off, payroll may reduce their pay accordingly, but nobody records how many days of Parental Leave have actually been used or what entitlement remains.
A clear process avoids these problems. Check the employee’s entitlement when the request arrives, understand exactly how they want to take the leave, calculate it against their working pattern and document what has been agreed. Once the leave begins, keep the HR and payroll records up to date so that both the employer and employee have a clear record.
If you are an HRconsultants.ie client and receive a Parental Leave request, talk to your HR Consultant before confirming the arrangement if you are unsure about any part of the application. This is particularly important where an employee works part-time or shifts, wants to take individual days or hours, has taken Parental Leave with another employer, or where you are considering postponing the requested dates. Your HR Consultant can help you check the entitlement, work through the proposed arrangement and make sure the process is handled correctly from the beginning.
Frequently Asked Questions About Parental Leave in Ireland
How much Parental Leave can an employee take in Ireland?
Each eligible parent can take up to 26 working weeks of unpaid Parental Leave for each eligible child. In general, the leave must be taken before the child reaches 12 years of age. Where a child has a disability or long-term illness, the age limit is generally extended to 16.
Can both parents take Parental Leave for the same child?
Yes. Each eligible parent has their own Parental Leave entitlement for the child, so one parent’s use of Parental Leave does not normally reduce the other parent’s entitlement. Where both parents work for the same employer, part of the entitlement may also be transferred from one parent to the other with the employer’s agreement.
Is Parental Leave paid in Ireland?
No. Parental Leave is unpaid. It should not be confused with Parent’s Leave, which is a separate statutory entitlement and may be accompanied by Parent’s Benefit from the Department of Social Protection where the parent meets the relevant eligibility requirements.
How much notice does an employee have to give for Parental Leave?
An employee should give their employer written notice at least six weeks before they intend to start Parental Leave. The request must set out the proposed start date, the duration of the leave and the manner in which the employee proposes to take it, and it must be signed by the employee.
How quickly does an employer need to respond to a Parental Leave request?
The employer and employee must prepare and sign the confirmation document at least four weeks before the Parental Leave begins. Employers should therefore review the application as soon as it is received so there is enough time to check eligibility, previous leave, the proposed arrangement and any operational issues before the confirmation document is signed.
Can an employer refuse Parental Leave?
An employer cannot simply refuse an eligible employee’s statutory Parental Leave because the requested dates are inconvenient. Where the employer has reasonable grounds for believing that the employee is not entitled to Parental Leave, there is a statutory process for dealing with the proposed refusal.
Where the employee is entitled but taking the leave at the requested time would have a substantial adverse effect on the operation of the business, the employer may instead be able to postpone the commencement of the leave.
How many times can an employer postpone Parental Leave?
Parental Leave for a particular child can generally be postponed once. Where seasonal variations in the volume of work are the reason for the postponement, it may be postponed a second time.
How long can an employer postpone Parental Leave?
Where the statutory requirements are met, the new commencement date can generally be no more than six months after the date originally requested. The employer must consult with the employee and follow the required notification process.
Can an employee take every Friday as Parental Leave?
An employee can request an arrangement such as taking every Friday as Parental Leave, but taking Parental Leave as individual working days or hours requires the employer’s agreement. If an arrangement like this is agreed, the dates should be recorded carefully and the employee’s remaining entitlement updated as the leave is taken.
Can an employer insist that an employee takes all 26 weeks together?
No. Employers should not operate a blanket rule requiring employees to take their entire entitlement as one continuous 26-week period. Parental Leave can be taken in other statutory forms, while arrangements involving individual days or hours can also be agreed between the employer and employee.
Does a part-time employee get less Parental Leave?
A part-time employee can qualify for the same statutory Parental Leave entitlement. Where the leave is being taken as individual days or hours, however, the calculation needs to reflect that employee’s normal working pattern rather than automatically using a standard five-day working week.
How do you calculate Parental Leave for a shift worker?
The calculation should reflect the employee’s actual or average working hours rather than assuming that they work five equal days each week. Where working hours vary, the legislation provides a mechanism for calculating the equivalent leave based on average working hours. Employers should keep a record of the calculation used.
What if an employee took Parental Leave with a previous employer?
Changing jobs does not give an employee a fresh 26-week entitlement for the same child. When an employee applies, ask whether they have previously taken Parental Leave for that child and establish what entitlement remains.
Should Parental Leave be shown on an employee’s payslip?
There is no special statutory payslip format for Parental Leave. However, because Parental Leave is unpaid, it is good practice, where your payroll system allows it, to clearly identify the unpaid absence as Parental Leave rather than relying on an unexplained percentage adjustment. This gives both the employee and employer a clearer record of the leave taken.
How long must employers keep Parental Leave records?
Employers are required to retain records of Parental Leave for 12 years. Keeping the application, confirmation document, calculations, payroll information and remaining entitlement together makes future requests much easier to manage.
What is the difference between Parental Leave and Parent’s Leave?
Parental Leave gives an eligible parent up to 26 working weeks of unpaid leave for each eligible child, generally before the child turns 12. Parent’s Leave is a separate entitlement that currently provides nine weeks of leave for each eligible relevant parent during the first two years of a child’s life or adoptive placement. Eligible parents may qualify for Parent’s Benefit while taking Parent’s Leave.