Page 48 - O'Shea Group EHB May 2019
P. 48

3.14.5 Abuse of Parental Leave
               You must use any Parental Leave granted to take care of the qualified child.

               If the Company has reasonable grounds to believe that the leave is being used other than to take care
               of the qualified child, and after allowing you 7 days in which you may make representations on the
               matter, the Company may terminate the leave on 7 days’ notice (such notice to specify the grounds
               for the termination of leave, and the date of termination).

               3.14.6 Refusal of Parental Leave
               If the Company believes on reasonable grounds that you are not entitled to the Parental Leave, the
               Company may notify you of its intention to refuse the leave, allowing you 7 days in which to make
               representations on the matter. If the Company after considering your representations (if any), decides
               to refuse the Parental Leave it will specify the reasons for such refusal.

               3.14.7 Terms and Conditions of Employment
               Your contract of employment will continue during parental leave as to the Company's duty of trust
               and confidence to you, terms as to notice of termination, redundancy payments, disciplinary and
               grievance procedures.
                          •  You will remain bound by your duty of good faith to the Company and your duty not
                              to disclose confidential information relating to the Company, accept gifts or other
                              benefits or participate in any other business.
                          •  You will remain employed during the Parental Leave and continue to accrue continuity
                              of service.
                          •  You will continue to accrue holidays during Parental Leave.
                          •  Any Parental leave will be unpaid.
                          •  Any  period  of  probation,  training  or  apprenticeship  may  be  suspended  by  the
                              Company at its discretion whilst you are on Parental Leave.
                          •  On your return you will be entitled to return to your previous job or position, or if that
                              previous job or position is not your usual job or position, you will be entitled to return
                              to work either to that job or your usual job or position as soon as practicable.
                          •  If because of an interruption or cessation of work at the date of expiry of Parental
                              Leave it is unreasonable to expect you to return at that date, you may return to work
                              as soon as reasonably practicable after the resumption of work.
                          •  If it is not practicable to allow you to return to work the Company will offer you
                              suitable  alternative  work  on  terms  or  conditions  of  employment,  which  are  not
                              substantially less favourable to you.

               3.15 CARERS LEAVE
               You may avail of temporary unpaid leave in order to personally provide full time care for a person who
               has been medically certified to be in need of full-time attention. You must have at least 12 months
               continuous service to avail of this. This entitlement is subject to receipt of a decision from a deciding
               officer of the Department of Employment Affairs and Social Protection that the person whom you
               propose to provide full time care for a relevant person within the meaning of the Social Welfare
               (Consolidation) Act, 1993 as amended.

               You are entitled to take a maximum of 104 weeks. This can be taken as a continuous period or in
               separate blocks. Should you so choose you can work a maximum of 15 hours a week while on carer's
               leave. You can only take carer's leave for one person at a time unless the people you are intending on
               taking care of live together. This choice can only be exercised once.


                                                      Page 47 of 70
   43   44   45   46   47   48   49   50   51   52   53