Page 43 - Workplace Relations Guide to Employment Law

Workplace Relations Commission -
Guide to Employment, Labout and Equality Law

8 Carer’s Leave

General In the case of agency workers, the party
who is liable to pay the wages (employment
The Carer’s Leave Act 2001 provides an agency or client-company) is the employer
employee with an entitlement to avail of for the purposes of this Act.
unpaid leave from his/her employment to
enable him/her to personally provide full-time
care and attention for a person who is in need Entitlement to Carer’s Leave
of such care. The period of leave to which an
employee is entitled is subject to a maximum of An employee who wishes to avail of Carer’s
104 weeks in respect of any one care-recipient Leave must fulfill the following conditions:
(hereafter referred to as a “relevant person”). The
minimum statutory entitlement is 13 weeks. (i) Service requirement: an employee must
have completed at least 12 months’
continuous service with the employer from
Who is covered by the Act? whose employment the leave is taken
before the commencement of the leave.
In general, the Act applies to any person There is no hours threshold in the Act.
(ii) Provision of Full-Time Care and Attention:
(i) working under a contract of the employee must intend to take Carer’s
employment or apprenticeship,
Leave for the purpose of personally
(ii) employed through an employment providing full-time care and attention to
agency, or a person (a “relevant person”) who is in
(iii) holding office under, or in the need of such and must actually do so for
service of, the State (including a the duration of the leave.
civil servant within the meaning The requirement to provide full-time
of the Civil Service Regulation Act
1956), an officer or servant of a local care and attention will be assessed on
authority for the purposes of the an individual basis by the Department
Local Government Act 1941, or of a of Employment Affairs and Social
harbour authority, the Health Service Protection. It is not intended nor is it
Executive, an education and training desirable, that an employee on Carer’s
board and a member of the Garda Leave would be expected to provide care
Siochana or of the Defence Forces. on a 24-hour basis.

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