New provisions under the Family Leave and Miscellaneous Provisions Bill 2021 include:
- An additional three weeks of paid Parents' Leave and Benefit to each parent to be taken in the first two years after the birth or adoptive placement of a child.
- All adopting couples will be able to choose which parent may avail of adoptive leave, including male same-sex couples who were previously precluded due to an anomaly in legislation.
- Paternity Leave and Benefit will be made available to the parent who is not availing of adoptive leave.
Minister for Children, Equality, Disability, Integration and Youth, Roderic O’Gorman T.D., today welcomed the passing of all stages of the Family Leave and Miscellaneous Provisions Bill 2021.
Once the Bill is enacted, working parents will be entitled to an additional three weeks of paid Parent’s Leave for each parent, and the period in which the leave can be taken will be extended to the first two years after the birth or adoptive placement of a child. The extension will allow parents to spend time with their child in the earliest years. It is non-transferrable between parents to ensure that both parents are encouraged and supported in taking time out from work to spend time with their child.
Adoptive parents will also be provided with greater flexibility to decide which parent will avail of adoptive leave and benefit, with paternity leave and benefit available to the parent not availing of adoptive leave. Fulfilling an important commitment in the Programme for Government, the Bill addresses access to adoptive leave and benefit by male same-sex couples, a provision that is of great significance for couples seeking to adopt.
The additional 3 weeks of parent’s leave is available to employees and the self-employed in respect of new babies born or children adopted after 1 November 2019. The associated benefit will be paid at the same rate as maternity, paternity and adoptive benefits.
Enactment of the Bill will take place shortly after the Bill is signed into law by the President.
Highlighting the Government’s continued commitment to supporting working parents and promoting greater work-life balance, Minister O’Gorman said:
“We want to support parents in taking time away from work and having quality time with their children during those precious first two years, so I’m delighted to see this legislation pass through the Oireachtas.
“COVID-19 has had a serious impact across society and working parents, especially those who have had children during the pandemic, often without the support of family and friends. The extension to parent’s leave and benefit is intended to provide them with an additional period of leave to spend with their child.
“An important facet of parent’s leave is to encourage the sharing of childcare and I hope that this additional period of leave will support and encourage fathers in taking a more prominent role in the care of their young child”.
The Bill also provides for an increase in the number of ordinary members of the Board of the Child and Family Agency, from seven members to nine, in order to support the State in meeting its obligations to the safety, protection, wellbeing and resilience of children, families and communities in Ireland.
During the progress of the Bill through the Oireachtas, Government amendments were added in relation to the operation of personal injury guidelines adopted by the Judicial Council.
ENDS
Notes to the Editor:
Extension of Parent’s Leave and Benefit
The Parent’s Leave and Benefit Act 2019 introduced two weeks of paid Parents' Leave for each parent to be taken in the first year after the birth or adoptive placement of a child. Following the enactment of the Family Leave and Miscellaneous Provisions Act 2021, an additional three weeks of paid Parents' Leave will be granted to each parent, and the period in which the leave can be taken will be extended to the first two years after the birth or adoptive placement of a child.
The extension to Parent’s Leave and Benefit Act 2019 follows a number of recent legislative reforms aimed at enabling working parents to spend more time with their children. These include the extension of unpaid Parental Leave to 26 weeks for a child under 12 years in 2020, the introduction of two week’s Parent’s Leave and Benefit in 2019 and the introduction of two weeks’ Paternity Leave in 2016.
Adoptive Leave
The Adoptive Leave Act 1995 provides for an entitlement to 24 weeks leave for an employed adoptive mother or single adopting father. The 24 weeks start from the date the child is placed in the adopting parent’s care. An adoptive benefit is available to qualified parents. An additional 16 weeks may also be taken but the adoptive benefit is not available for this period.
The Family Leave and Miscellaneous Provisions Act 2021 amends the Adoptive Leave Act 1995 to enable adoptive couples to choose which parent may avail of adoptive leave and, in doing so, rectifies an anomaly in the current legislation that left married male same-sex couples unable to avail of adoptive leave. The proposals will also remove the presumption that the adoptive mother be the primary caregiver and permit families to choose the best option for their family.
Tusla Child and Family Agency
The Tusla Board is the governing body of Tusla, and is accountable to the Minister for Children and Youth Affairs for the performance of its functions under the Child and Family Agency Act, 2013. It is tasked with overseeing the appropriate, efficient and effective use of resources with the aim of ensuring that the State meets its obligations to the safety, protection, wellbeing and resilience of children, families and communities in Ireland.
The members of the Board are collectively responsible for leading and directing Tusla’s activities within a framework of prudent and effective control as set out in the Child and Family Agency Act, 2013, and the Code of Practice for the Governance of State Bodies (2016). The Tusla Board currently comprises a Chairperson, a Deputy Chairperson and seven ordinary members. The new provisions in the Bill will increase the board composition to a Chairperson, Deputy Chairperson and nine ordinary members.
Personal Injuries Guidelines
The Family Leave and Miscellaneous Provisions Bill amends the Judicial Council Act 2019 and the Personal Injuries Assessment Board Act 2003 to make further provision in relation to the operation of personal injuries guidelines adopted by the Judicial Council. The personal injury guidelines are an important element of the Government’s Action Plan for Insurance Reform, reflected in the Programme for Government commitments, and will replace the Book of Quantum.
The guidelines reduce award levels for most categories of personal injury and will be used by both the Personal Injuries Assessment Board (PIAB) and the judiciary to assess compensation in personal injury claims. These amendments will facilitate urgent reform to tackle high insurance costs, while recognising the need for fairness for those who have suffered injury, as well as those who are required to defend a claim.
The introduction of the guidelines should bring greater transparency and consistency to this process and also reduce the overall award levels. Awards accepted at the PIAB will also incur less costs, in particular legal costs.