Paternity Leave
Legislation is set out in the Paternity Leave and Benefits Act 2016
To qualify the employee needs the father of the child, partner (spouse, civil partner or cohabitant) of the mother of the child or the parent of a donor-conceived child.
They can take 2 weeks paternity leave whether they are full time, part time or a casual worker, regardless of length of service. Paternity leave must be taken during the first 26 weeks after the birth of the child. At least four weeks’ notice to the employer must be given specifying the dates planned in writing. A certificate from the doctor should be provided to the employer stating when the baby is due or if the application is made after the birth, the actual date of the birth. For multiple births only one single period of 2 weeks leave is allowed. They do not get 2 weeks per child.
For adoptions the employee must provide a certificate of placement showing the date when the child was placed with them. No certificate no leave.
Payment of paternity leave is optional for the employer and should be stated clearly on the contract of employment issued to the employee. If the contract gives the right to receive payment the employer may, rather than pay full pay, choose to continue to pay pension contributions and/ top up Paternity Benefit during paternity leave to match the normal salary.
If the event the employer does not pay whilst on paternity leave, providing the employee has sufficient PRSI (Pay Related Social Insurance) contributions, they may be entitled to Paternity Benefit from the Department of Social Protection (DSP).
Postponement of Paternity Leave
Leave can be postponed if the birth is later than expected or if there is a delay in the placement of an adopted child. It can also be postponed if the employee is sick before it starts, until the employee recovers. The employer must be notified in writing and provide evidence of the illness. Should the baby be hospitalised the employee has the right to request, in writing, if they can postpone the paternity leave.