What is the purpose of parental leave?
The purpose of Parental Leave is to allow a teacher a period of unpaid leave to care for his/her child.
What is the entitlement to parental leave?
The entitlement to parental leave is currently 26 weeks per child, up until the age of 16.
Am I obliged to avail of parental leave in a particular pattern?
Each period of Parental Leave must be a minimum duration of 7 consecutive days including weekends, school closures and days on which a teacher is not timetabled for attendance occurring within that period.
Is there any exception to this pattern?
In certain circumstances a teacher may avail of Parental Leave in the form of individual days where a child has particular medical problems that require the attendance of a parent with the child at a hospital, clinic or therapeutic appointment on a regular basis. In such circumstances, certification from the hospital or clinic in respect of the absence must be submitted to the employer and retained on the teacher’s personnel file.
How do I apply for parental leave?
Application for Parental Leave should be made by the teacher to his/her employer at least 6 weeks prior to the planned commencement date using the Application Form located at Appendix A of chapter 5 of circular letter 0054/2019.
The employer in granting Parental Leave should, 4 weeks prior to the planned commencement date, prepare with the teacher the confirmation document at Appendix B of chapter 5 of circular letter 0054/2019. This document constitutes a legal agreement between the parties. A teacher may revoke the application at any point prior to the signing of the confirmation document by both parties.
Can my parental leave application be refused / postponed?
In the circumstance where your employer cannot secure a suitable replacement the proposed leave can be postponed, but the postponement can be on longer than 6 months,
Section 13 of chapter 5 of circular letter 0054/2019 states the following in this regard;
“13. Postponement of Parental Leave by the Employer
13.1 Ordinarily, Parental Leave may only be postponed once in circumstances where granting the leave at that time would have a substantial adverse effect on the operation of the school e.g. where an employer has difficulty in obtaining a replacement teacher for the duration of the absence. In such circumstances the employer must:
a) consult with the teacher prior to any decision to postpone the leave
b) notify the teacher in writing not later than 4 weeks before the intended date of the commencement of the leave
c) ensure that the leave is postponed for no longer than 6 months from the original date on which the Parental Leave was due to commence
d) agree a new date for the postponed leave to be taken at a time when the teacher would otherwise have been working
e) ensure that any further or subsequent postponement can only be permitted on the grounds where it affects seasonal variation
f) ensure that a new confirmation document (see Appendix B) agreeing to the new revised dates is signed by both parties with the understanding that this can be further amended provided there is agreement between both parties.
13.2 If, as a result of postponement of the leave, a child passes the age threshold, the entitlement to Parental Leave is not lost. The leave should be taken as soon as possible after the period of postponement has lapsed on a date agreed by both parties.”
If my circumstances change, can I cancel my parental leave?
Once your parental leave has been approved and the confirmation document signed and your leave has been recorded on the OLCS (on line claim system) then it cannot be amended.
Is there any exception to this?
If during, or immediately prior to, the agreed period of Parental Leave, the teacher concerned becomes ill to the extent that he/she is unable, or will be unable to care for the relevant child, he/she must notify the employer in writing:
a) where the leave has not already commenced, to postpone the taking of the leave to such time as the teacher is fit to resume the care of the child,
or,
b) where the leave has already commenced, to suspend the taking of the balance of the leave to such time as the teacher is fit to resume the care of the child.
The teacher must provide appropriate medical certification to the employer which confirms the teacher’s incapacity to care for the child as a result of illness.
It should be noted that the suspended portion of the leave, if it is to be availed of, must be taken as soon as possible after the teacher has been certified fit to resume.
If during the suspension of the leave due to the certified illness/incapacity of the parent, the child goes over the age threshold, the entitlement to take the leave remains and must be taken as soon as possible.
Can parental leave be transferred between parents?
This is subject to employer approval and therefore it is only possible where both parents are employed by the same employer (i.e. School)
In the case where this is possible, it is necessary for each parent to retain 12 weeks, out of his/her 26 week entitlement, for his/her own personal use.
Can I work while on parental leave?
A teacher absent on Parental Leave may not engage in any type of teaching or other paid employment.
What is my status while on parental leave / is parental leave considered a break in service?
Parental leave is not considered a break in service. A teacher on Parental Leave is deemed for all purposes to be in employment at that time with the exception of remuneration and superannuation. Parental Leave is fully reckonable for seniority and progression on the incremental salary scale.