Parental & Force Majeure Leave Scheme

Transcription

1 Maynooth University Human Resources Office Parental & Force Majeure Leave Scheme Author: Human Resources Office Date: August 2013

2 Maynooth University Parental & Force Majeure Leave Scheme 1. Definition 1.1. This policy specifies the arrangements in place at the Maynooth University for the administration and monitoring of the University s Parental Leave policy and the provision of Force Majeure leave. 2. Purpose of the Parental Leave (Amendment) Act Entitles an employee who is a parent or in a position of loco parentis of a child to 18 weeks unpaid leave (Parental Leave) to enable him/her to take care of the child And to entitle an employee to a number of paid days leave (Force Majeure) to deal with family emergencies resulting from injury or illness of a family member or of an individual who is in a position of domestic dependency. 3. Scope 3.1. It is the policy of the Maynooth University to introduce and fully implement the terms and provisions of the Parental Leave (Amendment) Act 2006 and the extension of Parental Leave Entitlement (EU Council Directive 2010/18/EU) having regard to the University's operational requirements. 4. Entitlement to Unpaid Parental Leave 4.1. Parents of children born on or after 3rd June 1996 or adopted on or after that date are entitled to parental leave Effective from 8th March 2013, each parent is entitled to 18 weeks Parental Leave. In the case of part-time employees, unpaid Parental Leave is applied on a pro-rate basis In the case of multiple birth (e.g. twins, triplets) the entitlement remains the same for each child The leave must be taken before the child reaches 8 years of age except in certain circumstances in the case of an adopted child In the case of children with disabilities and/or long term illness the maximum age of the eligible child has been raised to 16 years A provision of the above act is the extension of Parental Leave entitlements to persons acting in loco parentis in respect of an eligible child. 5. Adoptive Children 5.1. If a child is under 6 years at the time of the adoption the leave must be taken before the child reaches 8 years of age. However if a child is aged between 6 and 8 years at the time of adoption the leave must be taken within 2 years of the adoption order. 2

3 6. Minimum Service Requirement 6.1. An employee must have at least one year's continuous service with the University before being entitled to take Parental Leave. However where the employee has more than three months' but less than one year's service and where the child is approaching the age threshold, the employee will be entitled to one week's leave for every month of continuous employment completed with the University. 7. Manner in Which Parental Leave May be Taken 7.1. Having regard to the University's operational requirements Parental Leave may only be availed of as follows on a basis consistent with the needs of the University Department, School or Institute An employee is not entitled to any more than 18 weeks leave per child Where an employee qualifies for Parental Leave in respect of more than one child the employee may not take more than 18 weeks in any 12 month period unless the University agrees other wise. However this restriction does not apply in the case of a multiple birth (i.e. twins, triplets, etc.) Each parent has a separate entitlement to parental leave from his or her job In the case where both parents are employed by the University, either parent shall be entitled to transfer 14 weeks of the 18 weeks to the other parent s parental leave The leave may be taken either as a continuous block of 18 weeks or two separate periods of a minimum of 6 weeks each. If the leave is taken this way there must be at least ten weeks between each separate period The leave may be also broken up or fragmented over a period of time on the consent of the University. Where the University agrees to allow the parental leave on a fragmented basis and the employee wishes to take the leave in a number of hours, then the entitlement is based on the hours the employee worked in the 18 weeks prior to the commencement of the leave Parental Leave may be availed of immediately after Maternity Leave provided that the employee has complied with the service and notification procedures of the policy and the University has not postponed the leave. 3

4 8. Application for Parental Leave Procedure 8.1. An employee wishing to avail of Parental Leave must give written notice of their intention to take Parental Leave by submitting the Parental Leave Application Form no later than 6 weeks before the proposed commencement of the leave. The notice must include the following details: The date on which the employee intends to commence leave; The duration of the leave; The manner in which the employee wishes to take the leave; The employee s signature; Date of return to work; The Manager/Head of Departments signature However, the University, at its discretion, may waive all or part of the notification The University may require the employee to provide evidence of his/her entitlement to Parental Leave (e.g. the child's date of birth: the date of adoption or evidence of parentage). 9. Confirmation of Parental Leave 9.1. On completion of the Parental Leave Application Form it should be returned to Human Resources Office so that a letter of confirmation will issue prior to commencement of the leave Once the Parental Leave Application form has been signed by both parties it cannot be altered unless both parties agree An employee may revoke in writing his/her notice of intention to take Parental Leave at any time before the confirmation document is signed The University may decide to postpone the Parental Leave for up to 6 months if satisfied that granting the leave would have substantial adverse effect on its operations by reason of seasonal variation, if there are difficulties in finding a replacement or if a number of employees are already availing of Parental Leave Postponement will be in writing no later than 4 weeks before the proposed date of commencement of the leave and will specify the grounds for the postponement Consultation with the employee will take place before any notification of postponement is issued. 10. Employer Termination of Parental Leave Parental Leave must only be used to take care of the child concerned. The University reserves the right to terminate the leave if there are reasonable grounds to believe that it is being used for a purpose other than care of the child concerned Before terminating the leave the University will notify the employee in writing of its intention to do so and will invite the employee to make whatever representations he/she may deem necessary on the matter within 7 days. The University is obliged to consider the employee's submission before deciding whether or not to terminate the leave. 4

5 11. Employee Termination of Parental Leave If a relevant parent becomes sick and is unable to care for the child either prior to commencement or during the Parental Leave period; on submission of a medical certificate from their medical practitioner stating that the employee is, by reason of sickness specified in the certificate, unable to care for the child, employees may suspend the leave until such time as they are no longer sick. 12. Refusal to Grant Parental Leave The University may refuse in writing to grant Parental Leave if there are reasonable grounds to believe that the employee is not entitled to such leave The employee may make representations on the matter within 7 days of the refusal and the University will consider the employee's submission, giving reasons for the refusal. 13. Return to Work An employee is entitled to return to work at the end of the period of Parental Leave in the job held immediately prior to the leave or to his/her normal job as soon as is practicable, under the same contract, terms and conditions of employment Employees on temporary contracts (e.g. Fixed-Term contracts) are entitled to parental leave subject to satisfying the criteria of the parental leave act. However, if the contract is due to expire during a period of Parental Leave, the leave and any entitlement to benefit expire on the same day. There is no entitlement to return to work If it is not reasonably practicable for the University to allow an employee to return to the job held immediately prior to the leave suitable alternative employment will be provided under a new contract of employment. The terms and conditions of the alternative employment will not be substantially less favourable to the employee than the terms of his/her original job An employee may request a change to the working hours and/or patterns of work for a set period following his/her return to work from parental leave. At least six weeks prior to the commencement of the set period, employees are requested to submit their request in writing specifying the nature of the change and the duration of the set period. The University will not later than 4 weeks from dated receipt of request inform the employee if the request has been granted or refused Where the request has been approved, HR will sign the application form and return copy to the employee specifying the changes to the employees existing working terms and conditions such as working hours, patterns of work, date of commencement of change and duration of approved amendment. 5

6 14. Protection of Employment Rights An employee is regarded as remaining in employment during an absence on Parental Leave and retains all employment rights except the right to remuneration and superannuation benefits Any public holidays that fall during a period of parental leave will be added to the end of the period of parental leave. Annual leave, which accrues in accordance with Section 20 of the Organisation of Working Time Act 1997, will be granted Employees have no entitlement to social welfare benefit while on Parental Leave. Employees may receive credited social welfare contributions following a period of parental leave; employees are advised to contact the Department of Social Community and Family Affairs directly concerning this matter. 15. Force Majeure Leave Section 13 of the Parental Leave Act 1998 and the Parental Leave Regulations SI 454/98, entitles an employee to paid time off for urgent family reasons owing to the injury or illness of an immediate family member. 16. Entitlement to Force Majeure Leave Where such unforeseen emergencies arise and the indispensable present of the employee is required, employees are entitled to paid leave to a maximum of three days in any 12 consecutive months or 5 days in any 36 consecutive month period. Part days shall be regarded as full days for the purposes of the maximum number of days an employee can take Employees are advised that neither the severity of an illness in itself warrants Force Majeure leave. Ultimately it is the unforeseen and sudden nature of the illness or condition which will dictate the right to take force majeure leave Immediate family members are defined as: Child/adoptive child of an employee; Spouse or person with whom the employee is living as husband and wife; Persons to whom the employee is in loco parentis; Brother or sister of employee; Parent or Grandparent of an employee; Persons who reside with the employee in a relationship of domestic dependency (i.e. if in the event of injury or illness, one reasonably relies on the other to make provision of care); 17. Minimum Service Requirement There is no minimum service period for an employee to take Force Majeure leave. 18. Application for Force Majeure Leave By its very nature prior notice does not arise in the case of Force Majeure leave. However an employee who has availed of the entitlement must as soon as is reasonably practicable thereafter, complete the Force Majeure Notification Form notifying the University that he/she has taken Force Majeure Leave, the date on which it was taken and the reason for the leave. 6