Parental Leave Policy
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- Laurence Alexander
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1 Applicable to: All Employees Policy Owner: HR Support Manager, Human Resource Division
2 Document History Document Location The most current version of this policy is available on the HR Site on Plaza. Paper copies are valid only on the day they are printed. Refer to the owner if you are in any doubt about the accuracy of this document. Revision History This document will be reviewed from time to time to take into account changes in legislation, organisational developments and experience of the policy in practice. Date of this Revision: May 2013 Date of next Revision: Not yet planned Revision Number Revision Date Summary of Changes 0.1 February 1999 Policy created 0.2 September Policy reviewed October 2010 Policy updated 0.4 May 2013 Policy format updated and legislative changes included Approvals This document requires the following approvals: Title: Human Resources Director Distribution This document has been distributed to the approvers listed above, plus: Name: Senior Management Committee and Heads of Division Unite Union SIPTU Union 2
3 Contents 1. Introduction and objectives 4 2. Scope 4 3. Key roles and responsibilities 4 4. Policy Details 4.1 Entitlements and conditions Age thresholds Disability and Long-Term Illness Transfer of Leave entitlements between parents Manner in which leave can be taken Notification and confirmation of parental leave Postponement of parental leave by the Central Bank Refusal to grant parental leave Suspension due to illness Request change in working pattern on return to work Employment protection Social welfare payments Annual leave and public holidays Abuse of parental leave Force majeure Resolution of disputes Associated policies, procedures and supporting documents 12 Appendices 1. Parental leave application form Force majeure application form 16 3
4 1. Introduction and Objectives The Parental Leave Acts 1998 to 2006 and the European Union (Parental Leave) Regulations 2013 provide a statutory entitlement for parents of young children to unpaid time off work to take care of their child. The Acts also provide an entitlement to employees to have a number of paid days leave in particular circumstances, known as force majeure leave, to deal with an unforeseen emergency situation relating to specific close family members. The Central Bank of Ireland (hereinafter the Central Bank ) is committed to supporting employee work-life balance initiatives and the Parental Leave Policy is considered to be an important support for parents who are caring for young children. This policy sets out the parental leave entitlements and conditions in the Central Bank. It also outlines the main provisions of the Parental Leave Acts. 2. Scope The policy applies to all Central Bank employees who meet the relevant criteria set out in Section Key Roles and Responsibilities Under this Policy Employee Ensure awareness and understanding of the entitlements and requirements of the policy. Seek clarification from your line manager or the Human Resources Division (HRD) if in doubt. Comply with the required processes and timelines. Line Ensure awareness and understanding of the entitlements and Manager requirements of the policy. Consider the divisional business needs when making a decision on an individual s application for parental leave. Human Resources (HRD) Engage and consult with HRD as required. Monitor and review the Parental Leave Policy as appropriate. Ensure that an up to date copy of the policy is available for employees on Plaza. Support line managers and employees with guidance as required. Process employee applications for parental leave and force majeure. 4
5 4. Policy Details 4.1 Entitlements and Conditions Parents with one year s continuous service with the Central Bank are entitled to 18 weeks unpaid leave for each child. Entitlements extend to adoptive parents and persons acting in loco parentis or as a guardian of an eligible child. Where the employee has less than one year s continuous service but at least three months, and the child is approaching the age threshold, the employee will be entitled to one week s leave for every month of continuous service with our organisation. Atypical workers should be aware that parental leave entitlements are pro-rated according to their specific arrangement. For example: if an employee works a fourday week, he/she is entitled to 80% of 90 days i.e. 72 days. 4.2 Age Thresholds The leave must be taken before the child reaches 12 years of age or 16 years of age in the case of a child with a disability or long term illness. There may be exceptions in the case of adoptive children, whereby leave may be taken within two years of the adoption order if the child is aged between ten and twelve years of age at the commencement of the adoption. 4.3 Disability and Long-Term Illness Disability under the 2006 Act is defined as in relation to a child, means an enduring physical, sensory, mental health or intellectual impairment of the child such that the level of care required for the child is substantially more than the level of care that is generally required for children of the same age who do not have any such impairment. Long-term illness is defined by the 2013 Regulations as "illness in relation to a child, means a long-term illness, the effect of which is that the level of care required for the 5
6 child is substantially more than the level of care that is generally required for children of the same age who do not have any such long term illness". 4.4 Transfer of Leave Entitlements Each parent has a separate entitlement to parental leave from his/her role. Subject to special agreement between the divisions of the parents and HRD, the Central Bank will allow the transfer of parental leave between parents who are both working in the Central Bank. 4.5 Manner in which leave can be taken Parental leave may be taken in one continuous block of 18 weeks, or two blocks of six or more weeks with a minimum of ten weeks between each block. The Central Bank will accommodate more flexible and favourable terms subject to business needs and line manager approval (minimum of half-day applies). Each request will be considered on its own merits and circumstances. The Central Bank will accommodate parents who consider exam times their priority, and as such parents are allowed to bank two separate blocks of unpaid leave of two weeks each, specifically for the junior and leaving certificate exams. Where an employee is entitled to parental leave in respect of more than one child, the period of parental leave taken by him/her in any period of 12 months shall not, without the consent of the Head or Deputy Head of the Division concerned and the HR Support Manager, exceed 18 weeks. This restriction may also apply when parental leave is being transferred from one parent to another but it does not apply in the case of multiple births. 4.6 Notification and Confirmation of Parental Leave The granting of parental leave is conditional on an employee notifying the HR Services Manager as soon as is reasonably practicable but not later than six weeks prior to the proposed commencement date of parental leave. This should be accompanied by evidence of date of birth or date of adoption order of the child. The 6
7 parental leave application form can be found at the back of this policy and can also be accessed on Plaza here. Employees wishing to transfer parental leave from one to the other should make a special application in writing to HRD, with a completed Parental Leave Application Form, no later than six weeks before the proposed commencement of the leave. The notice must specify the date the employee intends to commence parental leave, the duration of the leave and the manner in which the employee proposes to take the leave. The employee may revoke this at any point before the confirmation document is signed. Not later than four weeks before the commencement of the parental leave 1, a confirmation document specifying the date of commencement of the leave, its duration and the manner in which it will be taken, will be prepared by the Human Resources Division. A HRD representative and the employee involved must sign the confirmation document and a copy will be given to the employee. Once signed, no amendment can be made to this document without the agreement of both parties. If an employee wishes to take parental leave en-bloc he/she must contact the Payroll section\in advance of leave being taken in order to arrange alternative payment to salary deduction schemes such as VHI, Easi-Travel etc. 4.7 Postponement of Parental Leave by the Central Bank While employees will be facilitated where possible, local management or the HR Support Manager may postpone parental leave if there is reason to believe that granting such leave would have a substantial adverse impact on the operation of the division concerned, e.g. if there are difficulties finding a replacement, or if there are a number of employees already availing of parental leave etc. This will be notified in writing not later than four weeks before the intended date of the commencement of the leave, after consultation with the employee. The postponement may be to an agreed date, not later than six months from the date on which the employee had intended that the parental leave was to start. The parental leave will not be postponed twice in respect of a particular child unless for reasons of seasonal variation in the volume of work concerned. If, solely as a 1 Subject to the requisite 6 weeks notice from the employee 7
8 result of postponement, the child concerned reaches the age threshold before the end of the parental leave period, the employee retains the entitlement to take the leave. 4.8 Refusal to Grant Parental Leave An application for parental leave may be refused where the HR Support Manager has reasonable grounds to believe that the employee is not entitled to such leave under the terms of the Parental Leave Act. In such instances, the employee will be notified in writing, and the employee shall then have seven days to make representations on the matter. This representation will be considered, and reasons provided for the refusal where applicable. 4.9 Suspension of Parental Leave due to Illness An employee may suspend the commencement of parental leave, or if the leave has commenced, suspend taking the balance of the leave in the event of illness until they are no longer sick. In this case, the employee must provide HRD with a medical certificate, signed by a medical practitioner, stating specifically that the parent was, by reason of illness specified in the certificate, unable to care for the child. On receipt of the medical certificate, HRD will organise that the employee be paid for the day(s) that he/she was ill if appropriate and add back the requisite number of days covered by the period of sick leave to their parental leave entitlements Request to a Change in Working Hours or Patterns on Return to Work An employee may request a change to the working hours or pattern of work for a set period following his or her return to work from parental leave. The employee must, as soon as is reasonably practicable, but not later than six weeks before the proposed commencement of the set period, furnish a request in writing to the Human Resources Division specifying the nature of the changes requested and the duration of the set period. HRD, in consultation with local management, will, not later that four weeks following receipt of the application, respond to the request advising if the request has been granted or refused. 8
9 Where the request is granted, an agreement must be signed by both parties setting out the changes in the employee s working hours and/or patterns and the date of commencement and duration of the set period. Where the request is refused the Central Bank is not obliged to provide reasons for the refusal Employment Protection The Parental Leave Act ensures that employees who propose to avail of parental leave will have a position retained for them for the duration of the leave. It may not be practical, however, to allow the employee to return to the same position held immediately prior to the period of parental leave. In this instance, the Central Bank will offer suitable alternative employment. Employees on fixed-term contracts are entitled to parental leave (subject to satisfying the service and notifying criteria of the Act). However, if the contract is due to expire during a period of parental leave, the leave entitlement expires at the same time as the contract. Employees who avail of parental leave retain all employment rights except remuneration and superannuation. The absence will therefore be reckonable for increment purposes and for qualifying service for annual leave and promotion. A period of probation will be suspended while the employee is on parental leave en bloc and will resume on return to work. The same may apply to periods of training or apprenticeship. Absence on parental leave cannot be treated as part of any other form of leave, including sick leave, annual leave, adoptive leave, maternity leave and force majeure leave to which an employee is entitled. Where parental leave is granted on a part-time basis, local management may, at their discretion, reassign employees in order to meet work requirements. 9
10 4.12 Social Welfare Payments Employees who avail of parental leave are not entitled to claim social welfare payments. They are, however, entitled to be credited PRSI contributions from the Department of Social Protection. This will preserve their record for social insurance purposes. Employees should contact the Department of Social Protection directly to ensure the appropriate credits are made Annual Leave and Public Holidays Where public holidays (including privilege days and Good Friday) fall during the period of parental leave, they are added on to the end of parental leave. Annual leave which accrues during an absence on parental leave will be granted in accordance with Section 20 of the Organisation of Working Time Act. 5 Abuse of Parental Leave An employee must use his/her parental leave to take care of the child concerned. If management or HRD have reason to believe that an employee is not using the leave for this purpose, the leave may be terminated. HRD will notify the employee in writing of the intention to do so, specifying the grounds for terminating the leave and the employee will be invited to make representation on the matter within seven days. The employee s submission will be considered before a decision is made whether to terminate the leave. In cases where the leave is terminated, the employee will be notified in writing specifying the grounds and the date of the termination, which must be no earlier than seven days after the date notification of termination is given. Any employee found to be abusing this leave may be subject to disciplinary action. 10
11 6. Force Majeure Force majeure leave is provided for in Section 13 of the Parental Leave Act It entitles employees to paid time off, where for urgent and/or unforeseen family reasons, owing to an injury or illness of an immediate family member, the immediate presence of the employee is indispensable. There is no service requirement to take force majeure leave. An employee may take up to three days force majeure leave in 12 consecutive months, or up to five days in any 36 consecutive months. Part days shall be regarded as full days for the purposes of the maximum number of days an employee may take. The immediate family members covered by the Act include: o A child/ adoptive child of the employee o A spouse or person with whom the employee is living as husband and wife o A person to whom the employee is in loco parentis o Brother or sister of the employee o Parent or grandparent o A person who resides with the employee in a relationship of domestic dependency 2. Force majeure leave cannot be treated as part of any other leave to which the employee is entitled. By definition, prior notice does not arise in the case of force majeure leave. An employee must apply for this type of leave by completing a Force Majeure form as soon as is reasonably practicable after the entitlement has been availed of, stating the date on which it was taken and a statement of the facts supporting their entitlement to the leave. HRD will then inform the employee whether the leave has been approved. The force majeure application form can be found at the back of this policy and can also be accessed on Plaza here. 2 A person who resides with an employee is taken to be in a position of domestic dependency with the employee if, in the event of injury or illness, one reasonably relies on the other to make arrangements for the provision of care. The sexual orientation of the persons concerned is immaterial. 11
12 7. Resolution of Disputes Any dispute in relation to entitlements under the Parental Leave Act 1998, the Parental Leave (Amendment) Act or the European Union (Parental Leave) Regulations 2013 may be directed to the HR Support Manager, HRD. Employees are free to appeal any dispute to the Head of HR Solutions. Where appropriate and where requested by the employee concerned, the grievance procedure may also be used for the resolution of such disputes. In addition, the Parental Leave Act provides for referral of a dispute by either party in relation to entitlements under the Act to a Rights Commissioner of the Labour Relations Commission. The complaint must be made in writing within six months of the occurrence of the dispute. 8. Associated Policies, Procedures, Supporting Documents Maternity Leave, Adoptive Leave and Related Absences Flexible (Atypical) Working Arrangements, Guidelines Paid Special Leave for Domestic Circumstances Grievance Procedure Disciplinary Procedure Parental Leave Application Form Force Majeure Application Form 12
13 PARENTAL LEAVE APPLICATION FORM Part A: Notice to Employer of Intention to take Parental Leave Part B: Management Opinion (Overleaf) Part A must be completed by the employee concerned not later than 6 weeks before the commencement of the leave, under section 8(1) of the Act. The employer may request evidence in relation to the date of birth of the child, parentage or an adoption order, under Section 8(6)(a)(b). PART A: Notice to Employer of Intention to take Parental Leave Employee name: Staff number: Division: Start date of employment with the Central Bank: Proposed start date of parental leave: Proposed duration of parental leave: Requested manner in which to be taken: (e.g. 18 continuous weeks) Proposed date of return to work: Name of child: Child s date of birth: Have you availed of parental leave in respect of this child whilst in previous employment? If Yes, please indicate the number of days and the place of employment: (Please note that HRD may contact your previous employers to obtain details of any parental leave entitlements already taken) Documents required: Please provide a copy of the Birth Certificate or Adoption Order An employee is entitled to a maximum of 18 weeks unpaid parental leave in any one year, unless otherwise agreed with the employer. Parental leave is granted solely for the purpose of taking care of the above named child. This leave may be terminated if it is not used for this purpose. Any employee abusing this leave may be subject to disciplinary action up to and including dismissal. I declare that the information given above is accurate and complete and I understand that HRD may contact my previous employer to obtain details of any parental leave entitlements already taken. Signature of Employee: Date: All queries can be directed to HR Support: hrsupport@centralbank.ie or Tel
14 PART B: Management Opinion HRD require management opinion on this application for parental leave before it can be processed. When examining proposals of this nature, divisional management should: Understand that under the Parental Leave Act, the Central Bank is only obliged to offer parental leave on an en-bloc basis of 18 weeks or for two periods of a minimum of six weeks each. A more flexible arrangement can be agreed between the employee and management subject to business needs. Every effort should be made to facilitate the taking of parental leave. However, management may postpone commencement of parental leave for up to six months in cases where the leave would cause substantial adverse impact on the operations of the Division. Under legislation, an employee who is returning from parental leave is entitled to request a change in working pattern for a set period of time. The Central Bank is required to consider such a request but is not required to grant it. Be aware that in approving a parental leave arrangement on a part-time basis, employees may be inclined to assume that the position can become a job-sharing or atypical working arrangement in the longer term. This may not be consistent with the future business needs of the division and employees should be advised of these considerations when making the initial decision on the parental leave arrangement. HRD advise that employees be made aware that flexibility in attendance to meet work requirements is a prerequisite of the approval of parental leave on a part-time basis and also that local management have discretion to reassign employees in order to accommodate a part-time parental leave arrangement. Management can contact HR Support: hrsupport@centralbank.ie or Tel with queries on the content or application of this policy. 14
15 Management Opinion Signed: Head or Deputy Head of Division Date: 15
16 FORCE MAJEURE LEAVE: EMPLOYEE GUIDANCE NOTE AND APPLICATION FORM The Parental Leave Act, 1998 provides for Force Majeure paid leave of up to three days in any 12 month period to a maximum of five days in a period of 36 months. This emergency leave may be taken in the event of an injury to, or the unforeseen illness of, an employee s immediate relative. The immediate presence of the employee with the ill or injured relative must be indispensable. The family members covered by the Act include: A child/ adoptive child of the employee A spouse or person with whom the employee is living as husband and wife A person to whom the employee is in loco parentis Brother or sister of the employee Parent or grandparent A person who resides with the employee in a relationship of domestic dependency 3. This emergency leave works in conjunction with and not in addition to current procedures for other emergency leave for domestic situations. (see Paid Special Leave for Domestic Circumstances) Employees who are in doubt as to whether they qualify for Force Majeure Leave can contact HR Support (ext or hrsupport@centralbank.ie) for further guidance. Employees applying for Force Majeure Leave should complete the Application Form overleaf and return it to HR Support as soon as is practical following the relevant absence from work. 3 A person who resides with an employee is taken to be in a position of domestic dependency with the employee if, in the event of injury or illness, one reasonably relies on the other to make arrangements for the provision of care. The sexual orientation of the persons concerned is immaterial. 16
17 APPLICATION FOR FORCE MAJEURE LEAVE To be completed by the employee who takes Force Majeure leave as soon as is reasonably practicable after the leave is taken pursuant to section 13(3)of the Act. Employee name: Staff no: Division: Name of injured/ill person: Relationship to employee: Outline circumstances which necessitated force majeure leave (Please provide as much detail as possible and include the nature of injury/illness): Date(s) of force majeure leave: EMPLOYEE DECLARATION I confirm that I have taken force majeure leave on the above mentioned date(s) because for urgent family reasons, owing to the injury / illness of the person specified above, My immediate presence at that person s address was indispensable. I declare that the information given above is true and complete. Signature of Employee Date 17
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