Page 45 - Workplace Relations Guide to Employment Law

Protection of Employment Rights Penalisation of an employee includes (a)
dismissal of the employee (b) unfair treatment
During absence on Carer’s Leave, an of the employee, including selection for
employee shall be regarded as still working redundancy, and (c) an unfavourable change
in the employment for all purposes relating in the conditions of employment of the
to his or her employment and none of his employee.
or her rights or obligations relating to the
employment shall be affected by taking the The general 1 year service requirement
leave with the following exceptions: under the Unfair Dismissals Acts is not
applicable where an employee is dismissed
(i) there is no right to remuneration for exercising his/her rights under the Carer’s
or superannuation benefits and any Leave Act.
obligation to pay superannuation
contributions in, or in respect of, the
employment. Notification of Intention to take
(ii) the right to annual leave is restricted Carer’s Leave
to the period comprising the first
13 weeks only of the Carer’s Leave An employee must give written notice to his/
entitlement in respect of any one
relevant person. her employer of the intention to take Carer’s
Leave, not later than 6 weeks before the
(iii) the right to public holidays is employee proposes to commence the leave.
likewise restricted to the period The statement of notice must contain the
comprising the first 13 weeks only following details:
of the Carer’s Leave entitlement in
respect of any one relevant person. (i) the date on which the employee
intends to commence the leave;
Absence from employment while on Carer’s (ii) the duration of the leave;
Leave shall not be treated as part of any other
leave to which the employee is entitled (e.g. sick (iii) the manner in which the employee
proposes to take the leave;
leave, annual leave, adoptive leave, maternity
leave, parental leave or force majeure leave.) (iv) a statement that an application for
a decision (in the first instance or
on appeal) that the person to be
Protection against Penalisation cared for is a relevant person for the
purposes of Carer’s Leave Act 2001
including Dismissal has been made to the Department
of Employment Affairs and Social
The Carer’s Leave Act 2001 prohibits an Protection;
employer from penalising an employee on the (v) the employee’s signature and date.
grounds that he/she has exercised or proposes
to exercise his/her right to Carer’s Leave.

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