Page 44 - Workplace Relations Guide to Employment Law

(iii) 'Relevant Person -Need for Full-Time Care parallel State payment of Carer’s Benefit. The
and Attention: the relevant person (i.e. two schemes, Carer’s Leave and Carer’s Benefit,
the person receiving full-time care and are administered in tandem in respect of these
attention) must be deemed to be in need of criteria. Further information in relation to the
full-time care and attention by a deciding Carer’s Benefit Scheme may be obtained from
officer (or appeals officer) of the Department Carer’s Benefit Section (contact details above). See
of Employment Affairs and Social Protection. also the booklet on the Carer’s Benefit Scheme.
This decision is based on information
provided by the relevant person’s general Other Carer’s Leave eligibility criteria are set
medical practitioner and assessed by that out in the Carer’s Leave Explanatory Booklet.
Department’s medical advisor.

Application forms (Form CARB1) are available Manner in which Carer’s Leave
from Carer’s Benefit Section of that Department may be taken
(Telephone: 043 -40087). The completed form
should be returned to Carer’s Benefit Section,
Department of Employment Affairs and Social The Act provides that the leave shall be taken
Protection, Balinalee Road, Longford. in either one continuous period of 104 weeks
or one or more periods, the total duration of
The one medical assessment will suffice for which amounts to not more than 104 weeks.
both Carer’s Leave and Carer’s Benefit (the
Department of Employment Affairs and Social The minimum statutory entitlement that may
Protection State payment). be taken in one period at the discretion of
the employee is 13 weeks. An employer and
employee, however, may agree to terms more
Meaning of ‘Full-time care favourable to the employee.
and attention’

According to Department of Employment Intervals between periods of
Affairs and Social Protection Regulations, this Carer’s Leave
means that a person being cared for must be
so disabled as to require: Where Carer’s Leave is not taken by an
employee in one continuous period of 104
(a) continuous supervision and frequent weeks there must be a gap of at least 6
assistance throughout the day in weeks between periods of Carer’s Leave
connection with his/her normal taken in respect of the same relevant person.
personal needs, e.g. help to walk and An employee proposing to avail of Carer’s
get about, eat or drink, wash, bathe,
dress etc. or Leave for another relevant person cannot
generally do so until a period of 6 months
(b) continuous supervision in order to has elapsed from the date of termination of
avoid danger to him/herself. the leave in respect of the previous relevant
person. This provision does not apply where
The entitlement criteria outlined at (a) and two relevant persons reside together.
(b) above are also required to qualify for the

40