CIRCULAR 36/00
To Vocational Education Committees and
the Managerial Authorities of Secondary,
Community/Comprehensive Schools.
EXTENDED ENTITLEMENT TO PARENTAL LEAVE
- INTRODUCTION
1.1The Parental Leave Act, 1998 has been amended with effect from 19 July 2000.
1.2This Circular should be read in conjunction with Circular 17/99 (entitled Parental Leave and Force Majeure Leave for Teachers in Second Level Schools).
- ENTITLEMENT TO PARENTAL LEAVE AS A RESULT OF THIS AMENDMENT
2.1The entitlement to parental leave has been extended to include:
(i)natural parents of a child born between 3 December 1993 and 2 June 1996
and
(ii)adoptive parents of a child born on or after 3 December 1993 and in whose case an adoption order was made during the period 3 December 1993 to 2 June 1996.
2.2Parents are entitled to 14 weeks parental leave in respect of each child and must avail of their new extended entitlement to parental leave not later than 31 December 2001.
- REVISED ELIGIBILITY ARISING FROM EXTENDED ENTITLEMENT
PRIOR TO THIS AMENDMENT
3.1A teacher is required to have worked for a period of one continuous year with a Board of Management before s/he can avail of her/his full entitlement to parental leave.
A teacher who has less than one year but more than 3 months continuous service with a managerial authority is entitled to parental leave for a period of one week for each month of continuous employment that s/he has completed with the managerial authority at the time of the commencement of the leave.
UNDER THIS AMENDMENT
3.2Where a teacher, who is entitled to parental leave as a result of this amendment, changes schools, without a break in service during the 12 months prior to 19 July 2000 such a teacher is entitled to a period of parental leave as if the change had not occurred.
3.3The terms of paragraph 3.1 above apply to teachers who change schools on or after 20 July 2000.
- MANNER IN WHICH PARENTAL LEAVE MAY BE TAKEN
PRIOR TO THIS AMENDMENT
4.1Except in the case of multiple births, the maximum period of parental leave which a teacher can take in any twelve month period is 14 weeks, unless the managerial authority consents to same.
UNDER THIS AMENDMENT
4.2The maximum period of 14 weeks parental leave in a twelve month period does not apply to teachers who have acquired a new right to parental leave as detailed in section 2.1 above.
4.3However, where a teacher is entitled to take more than 14 weeks parental leave in a twelve month period, each period of parental leave shall be considered separately by the managerial authority.
- POSTPONEMENT OF PARENTAL LEAVE
PRIOR TO THIS AMENDMENT
5.1The managerial authority may postpone parental leave if such leave would have a substantial adverse effect on the operation of the school. The postponement may be to an agreed date no later than 6 months from the date that the teacher had specified that the parental leave was to commence.
UNDER THIS AMENDMENT
5.2Where a teacher is entitled under this amendment to take more than 14 weeks parental leave in a twelve month period, either period of parental leave shall be considered separately. Under this amendment a managerial authority may postpone both or either periods of parental leave if such leave is likely to disrupt significantly the general operation of the school.
5.3If solely as a result of the postponement of a period/periods of parental leave the teacher is unable to take the leave before 31 December 2001, the teacher retains her/his right to take parental leave after that date at a time agreed with the managerial authority.
- ENTITLEMENT TO PARENTAL LEAVE AFTER 31 DECEMBER 2001
6.1A Rights Commissioner of the Employment Appeals Tribunal may direct that the parental leave can be taken after 31 December 2001, if the teacher was unable to avail of his/her entitlement to leave prior to that date as a result of illness or incapacity or any other circumstances.
- APPLICATION OF ALL OTHER PROVISIONS OF CIRCULAR 17/99
7.1All other provisions of the Parental Leave Circular 17/99, including the requirement to give 6 weeks notice, apply to this new entitlement to parental leave.
- COPIES OF THE CIRCULAR
8.1Managerial authorities are requested to bring the provisions of this Circular Letter to the attention of all eligible teachers and all Board of Management members.
John Dennehy,
Secretary General.
October 2000