Your Guide To Paternity Leave In Ireland (2024)

Did you know that you are entitled to take time off work as a new parent? Statutory paternity leave has been protected in law in Ireland since 2016, and this is time off that may be paid or unpaid, according to your contract of employment. It’s very important to understand your rights and our guide to Paternity Leave can help.

Contents

• • • What is Paternity Leave?
    • Is Paternity Leave Paid
    • Postponing Paternity Leave
    • Exceptional Circumstances
    • Returning To Work
    • Parental Leave And Other Statutory Leave

   

  What is Paternity Leave?

  Mothers or birthing parents are entitled to Maternity Leave in Ireland, and other new parents are entitled to take a period of Paternity Leave from their employment or self employment within six months of the birth or adoption of their child. This leave is intended to support the bond between parent and child, as well as the whole family.

  Paternity leave can be taken by a relevant parent, which is defined as 1) the father of the child, 2) the partner of the mother of the child (spouse, civil partner or partner who is cohabiting), or 3) the parent of a donor-conceived child. In the case of adoption, the relevant parent is here considered to be the parent who is not the qualifying adopter for adoptive leave. 

  Paternity leave refers to a continuous period of two weeks, and you must advise your employer of your intention to take this leave at least four weeks before it begins. You will need to provide proof of pregnancy, birth or adoption to your employer. 

  Is Paternity Leave paid? 

• The Paternity Leave and Benefit Act 2016 provides for statutory paternity leave of two weeks, and employers are not obliged to pay employees who choose to take this leave, although some choose to do so. You may qualify for Paternity Benefit if you have enough PRSI contributions, and this is paid by the Department of Social Protection. Paternity Benefit is paid at a standard weekly rate of €274 in 2024. You can read more about Paternity Benefit here. 

  You can apply for Paternity Benefit 4 weeks before you intend to go on paternity leave (12 weeks if you are self-employed). You can apply for paternity benefit online at mywelfare.ie by completing the online form and uploading the supporting documentation, which is either a completed form PB2 or form PB3. The PB2 form must be completed by your employer to certify that you are entitled to paternity leave. If you are not working or you are self-employed, you should get the PB3 form completed by a doctor, certifying the due date of your baby (or the baby’s actual date of birth) to confirm that you are entitled to paternity leave. You must have a Public Services Card (linked to your mobile phone number) and a verified MyGovID account to apply for Paternity Benefit online.

  If your contract of employment allows for you to receive full pay during your paternity leave, this will usually be reduced by the amount of Paternity Benefit payable. You will continue to accrue annual leave and public holiday entitlement while you are on paternity leave.

• Postponing Paternity Leave

• If you need to postpone your paternity leave, if the birth is later than expected or if an adoption placement is postponed, for example, you may do so according to the Paternity Leave and Benefit Act 2016.If you are unwell before your paternity leave starts, you may postpone your paternity leave until you are well, and this will require evidence from your doctor and written notification to your employer.
• You may also wish to postpone your paternity leave if your baby is in hospital, under which circumstances you should ask your employer in writing if you can postpone all or part of your paternity leave.
  

  Exceptional Circumstances

• If the mother of a baby or adopted child dies, the father of the child may be entitled to take maternity or adoptive leave, the length of which will depend on the actual date of the mother’s death. This leave will start within seven days of the mother’s death.If a father takes maternity leave or adoptive leave in these circumstances, he may also take paternity leave at the end of this leave, if he has not already done so.Paternity leave may, likewise, be transferred to the surviving parent (if they are employed) if the parent who is entitled to take paternity leave dies.If your partner has a miscarriage or stillbirth after the 24th week of pregnancy, or when your baby weighs at least 500g, you will be entitled to paternity leave. To apply for Paternity Benefit in this circumstance, you will need to include a doctor’s letter with your application form.

• Returning To Work

• According to the law in Ireland, you are entitled to return to work in the same job with the same contract of employment after Paternity leave. Section 23 of the Act states that you must be provided with suitable alternative work if it is not reasonably practicable for your employer to allow you to return to your job, and this should not be on terms that are substantially less favourable than those of your previous job. The law includes protection against penalisation and unfair dismissal.
• If you have been dismissed for claiming your rights under paternity leave legislation, or if you have a dispute about paternity leave with your employer, you may make a complaint within six months of the situation arising. You should use the online complaint form available at workplacerelations.ie, and the time limit may be extended for a further six months where a reasonable cause has prevented the complaint being brought sooner.

• Parental Leave And Other Statutory Leave

• Parent’s leave is a relatively new piece of legislation that entitles each parent to 7 weeks’ leave during the first 2 years of a child’s life, or in the case of adoption, within 2 years of the placement of the child with the family. This additional leave does not affect existing maternity, paternity or adoptive leave, and aims to offer new parents another opportunity to spend time with their babies.The leave period remains the same in the case of multiple births, for example if you have twins or if you adopt two or more children at the same time.
• Parent’s Leave has been extended since July 2022. It now entitles parents to up to 7 weeks leave from their jobs, and parents can also apply for Parent’s Benefit, to receive payments during their leave. Your employer does not have to pay you for Parent’s Leave, but if you qualify for Parent’s Benefit you will receive this weekly. You must complete the extra leave on or before your child’s second birthday or within 2 years of the adoption placement.
• You may also be entitled to other forms of leave for parents, including unpaid parental leave, adoptive leave, carer’s leave or force majeure leave, which applies in cases of emergency or sudden illness or injury. Unpaid parental leave is available to both parents, and allows for 26 weeks of unpaid time off work if needed to care for a child up to the age of 12, or up to the age of 16 if the child has a serious illness or disability.
• Non-statutory paternity leave may be available through negotiation with your employer, and this will usually refer to paid leave following the birth or adoption of a child. This is discretionary and will not be covered by employment law

• Are You Looking For A Job In Ireland

• CareerWise is Ireland’s leading specialist recruitment firm, based in Cork, Limerick, Galway, Dublin and Mayo, and we can help you to find your ideal new job in Ireland. Our professional team will work with you to polish up your CV and prepare for interviews to help you secure the job of your dreams. We specialise in the Engineering, Supply Chain, Science/Pharma, IT and Accounting industries in Ireland, and we look forward to working with you. Contact us online now or call us on +353 (0) 21 206 1900 to arrange a consultation.

Joe Robbins

(Director) BBS (Hons), MBPICS – Shannon Office

Joe Robbins is co-founder of CareerWise Recruitment. A graduate of the University of Limerick (Degree in Business Studies, 1985), Joe worked in the UK for five years where he specialised in materials management, production management and plant management for a number of companies.

He returned to Ireland in 1992 to become Operations Manager for a Cork-based start-up, FMC Automotive Division which was subsequently taken over by Snap-on Equipment. Joe managed the business re-location of this company to Shannon in 1997 before setting up CareerWise Recruitment in 1999.

He is a committee member of the Chartered Institute of Personnel and Development (CIPD) Mid-West region, and a former Director and Vice President of the Shannon Chamber of Commerce. Joe is former Chairperson of the Sixmilebridge Camogie Club and current Chairperson of the Clare County Camogie Board.

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