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Carer's Leave Act 2001
The Carer’s Leave Act came into operation on 2nd July 2001. This
legislation allows eligible employees the right to unpaid leave to look
after someone in need of full-time care, during which time their
employment rights will be protected.
Employers cannot refuse this leave.
Relevant Person:
A care recipient will be considered a “Relevant person” if they need
continual supervision and frequent assistance throughout the day in
connection with normal bodily functions or need continual supervision
in order to avoid danger to themselves or others.
Employees will be considered eligible to apply for Carer’s leave if:
1) They have completed 12 months continuous employment with the organisation.
2) The person they wish to look after is considered a “Relevant Person”
3) The Employee will be providing full time care to the relevant person.
4)
The Employee has provided the organisation with a decision from a
deciding officer from the Department of Social, Community and Family
Affairs.
The Department of Social, Community and Family Affairs will be
responsible for ascertaining the validity of applications to avail of
Carer’s Leave. Leave must be taken in either one continuous period of 65 weeks, or one
or more periods, the total of which amounts to more than 65 weeks. The
minimum statutory entitlement that may be taken in one period at the
discretion of the employee is 13 weeks. An employer and employee may
agree to terms more favourable to the employee.
An Employee who proposes to avail of Carer’s Leave must give written
notice that they will be taking leave not later than six weeks before
the date they are due to leave.
This notice must include:
- The proposal to take Carer’s leave.
- The date when Leave will commence.
- The manner in which it is intended to take the leave.
- Confirmation that an application has been made to the Department of
Social, Community and Family Affairs that the person to be cared for is
a "Relevant Person".
An Employee while on Carer’s Leave will be regarded as still being in
Employment and none of their rights relating to employment will be
affected. Absence from employment while on Carer’s leave shall not be
treated as part of any other leave to which the Employee is entitled.
The Carer’s Leave Act prohibits an Employer from penalising an
employee on the grounds that she/he has exercised his/her right to
Carer’s Leave. This includes:
- Dismissal of the Employee
- Unfair Treatment, including selection for Redundancy
- An unfavourable change in the conditions of employment of the employee.
