Page 46 - Workplace Relations Guide to Employment Law

A sample of the Notice of Intention to take Complaints
Carer’s Leave is set out at Appendix A to the
Carer’s Leave Booklet. The 2001 Act provides a right of complaint
to the Workplace Relations Commission
(WRC) where an employee believes that a
Exceptional or Emergency contravention of the Carer’s Leave Act 2001
Circumstances has occurred. The relevant complaint form is
available on www.workplacerelations.ie or
In exceptional or emergency circumstances, by contacting the Commission’s Information
where it is not reasonably practicable for an and Customer Services on 1890 80 80 90.
employee to give notice in accordance with There is a right of appeal by either party to
the Act, such notice must be given as soon as the Labour Court from a decision of a WRC
it is reasonably practicable for the employee Adjudication Officer.
to do so.
Where a WRC inspector is satisfied that an
employer has failed to grant annual leave
Confirmation of Carer’s Leave entitlements to an employee on carer’s
leave, contrary to Section 13(2) of the Carer’s
Once an employee has given notice of his Leave Act 2001, he/she may, in accordance
or her intention to take Carer’s Leave, the with Section 28 of the Workplace Relations
employee must give the employer a copy Act 2015, issue a Compliance Notice on the
of the decision from the deciding officer employer setting out the compliance actions
(or appeals officer) of the Department of to be taken by a specified date. An employer
Employment Affairs and Social Protection may, not later than 42 days of the service of
that the person in respect of whom the the notice, appeal that notice to the Labour
employee proposes to avail of Carer’s Leave Court. Failure to comply with a Compliance
is a relevant person i.e. medically certified as Notice is an offence.
requiring full-time care and attention.
The employee and the employer must then Additional Information
prepare a confirmation document. This
document must be prepared and signed no See the Explanatory Booklet on the
later than 2 weeks before the leave is due Carer’s Leave Act 2001, a copy of which is
to begin and must include -the date on available on request, or downloadable from
which the leave period will commence; the www.workplacerelations.ie.
duration of the period of leave; signatures of
employer and employee.

A sample confirmation document is set out at
Appendix B to the Carer’s Leave Explanatory
Booklet.

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