Carers’ Leave
Carer’s Leave Act 2001
REVISED
Updated to 1 October 2015
PART 1
PRELIMINARY AND GENERAL
Short title.
1.—This Act may be cited as the Carer’s Leave Act, 2001.
Interpretation.
2.—(1) In this Act, unless the context otherwise requires—
“Act of 1967” means the Redundancy Payments Act, 1967;
“Act of 1977” means the Unfair Dismissals Act, 1977;
“Act of 1993” means the Social Welfare (Consolidation) Act, 1993;
PT. 1 S. 1 [No. 19.] Carer’s Leave Act 2001 [2001.]
5
“Act of 2000” means the Social Welfare Act, 2000;
“appeals officer” has the meaning assigned to it by the Act of 1993;
“associated employer” shall be construed in accordance with subsection (2);
“carer’s leave” shall be construed in accordance with section 6;
“confirmation document” has the meaning assigned to it by section 10;
“continuous employment” shall be construed in accordance with section 7(6);
“contract of employment” means—
(a) a contract of service or apprenticeship, and
(b) any other contract whereby an individual agrees with another person, who is
carrying on the business of an employment agency, within the meaning of
the Employment Agency Act, 1971, and is acting in the course of that business,
to do or perform personally any work or service for a third person (whether
or not that third person is a party to the contract),
whether the contract is express or implied and, if express, whether it is oral or in
writing;
“deciding officer” has the meaning assigned to it by the Act of 1993;
“dispute” shall be construed in accordance with section 17;
“employee” means a person of any age, who has entered into or works under (or,
where the employment has ceased, entered into or worked under) a contract of
employment and references, in relation to an employer, to an employee shall be
construed as references to an employee employed by that employer; and for the
purposes of this Act, a person holding office under, or in the service of, the State
(including a civil servant within the meaning of the Civil Service Regulation Act, 1956)
shall be deemed to be an employee employed by the State or Government, as the
case may be, and an officer or servant of a local authority for the purposes of the
F1[Local Government Act 2001 (as amended by the Local Government Reform Act
2014)], or of a harbour authority F2[or health board, or a member of staff of an
education and training board] shall be deemed to be an employee employed by the
authority F2[or board], as the case may be;
“employer” means, in relation to an employee—
(a) the person with whom the employee has entered into or for whom the
employee works under (or, where the employment has ceased, entered into
or worked under) a contract of employment, subject to the qualification that
the person who under a contract of employment referred to in paragraph
(b) of the definition of “contract of employment” is liable to pay the wages
of the individual concerned in respect of the work or service concerned shall
be deemed to be the individual’s employer, and
(b) includes, where appropriate, the successor of the employer or an associated
employer of the employer;
“full-time care and attention” shall be construed in accordance with section 82A
(inserted by the Act of 2000) of Chapter 11A of Part II of the Act of 1993;
F3[‘Minister’ means the Minister for Justice and Equality;]
“prescribed” means prescribed by regulations made by the Minister under this Act;
“relevant person” has the meaning assigned to it by section 82A(1) (inserted by the
Act of 2000) of Chapter 11A of Part II of the Act of 1993;
“successor” has the meaning assigned to it by section 14(1)(a);
“Tribunal” means the Employment Appeals Tribunal.
(2) For the purposes of this Act, 2 employers shall be taken to be associated if one
is a body corporate of which the other (whether directly or indirectly) has control or
if both are bodies corporate of which a third person (whether directly or indirectly)
has control and “associated employer” shall be construed accordingly.
(3) In this Act—
(a) a reference to a Part or section is a reference to a Part or section of this Act,
unless it is indicated that a reference to some other enactment is intended,
(b) a reference to a subsection or paragraph is a reference to the subsection or
paragraph of the provision in which the reference occurs, unless it is indicated
that a reference to some other provision is intended, and
(c) a reference to any enactment shall, unless the context otherwise requires, be
construed as a reference to that enactment as amended or adapted by or
under any subsequent enactment.
Regulations.
3.—(1) The Minister may—
(a) by regulations, provide for any matter referred to in this Act as prescribed or
to be prescribed, and
(b) make regulations generally for the purpose of giving effect to this Act.
(2) Before making regulations under this Act, the Minister shall consult with the
Minister for Social, Community and Family Affairs, any other Minister of the Government
with whom, in his or her opinion, it is appropriate to consult and persons whom
the Minister considers to be representative of employers and employees having regard
to the regulations so made.
(3) Regulations under this Act may contain such consequential, supplementary and
ancillary provisions as the Minister considers necessary or expedient.
(4) Every regulation under this Act shall be laid before each House of the Oireachtas
as soon as may be after it is made and, if a resolution annulling the regulation is
passed by either such House within the next 21 days on which the House has sat after
the regulation is laid before it, the regulation shall be annulled accordingly, but
without prejudice to the validity of anything previously done thereunder.
Voidance or modification of certain provisions in agreements.
4.—(1) A provision in any agreement shall be void in so far as it purports to exclude
or limit the application of any provision of this Act or is inconsistent with any provision
of this Act.
(2) A provision in any agreement which is or becomes less favourable in relation to
an employee than a similar or corresponding entitlement conferred on the employee
by this Act shall be deemed to be so modified as to be not less favourable.
(3) Nothing in this Act shall be construed as prohibiting the inclusion in an agreement
of a provision more favourable to an employee than any provision in Parts 2 to 5.
(4) References in this section to an agreement are to any agreement, whether a
contract of employment or not and whether made before or after the passing of this
Act.
Expenses.
5.—Any expenses incurred by the Minister in the administration of this Act, shall,
to such extent as may be sanctioned by the Minister for Finance, be paid out of monies
provided by the Oireachtas.
Entitlement to carer’s leave.
6.—(1) Subject to this Act, an employee who has been employed for a period of 12
months continuous employment by the employer from whose employment the carer’s
leave is proposed to be taken shall be entitled to leave from the employment
concerned (to be known and referred to in this Act as “carer’s leave”) for the purpose
of providing full-time care and attention to a relevant person for a period not
exceeding F4[104 weeks] for each relevant person if—
(a) the person in respect of whom the employee proposes to provide full-time
care and attention is a relevant person,
(b) the employee provides the employer concerned with a decision referred to in
subsection (5), or, where appropriate, subsection (6),
(c) during the period of carer’s leave the employee provides full-time care and
attention to the relevant person, and
(d) during the period of carer’s leave the employee does not engage in employment
or self-employment other than employment or self-employment prescribed
under section 82B(3) (inserted by the Act of 2000) of Chapter 11A of Part II
of the Act of 1993.
(2) An employee shall give the employer a copy of the decision referred to in
subsection (1)(b) as soon as he or she receives it and the employee shall not be entitled
to carer’s leave until the employer has been given the copy.
(3) An employee shall not be entitled to carer’s leave for the purpose of providing
full-time care and attention to a relevant person during the same period in which
another employee is absent from employment on carer’s leave for the purpose of
providing full-time care and attention to the same relevant person.
(4) An employee shall, subject to section 7(2), be entitled to a period of carer’s
leave for one relevant person at any one time.
(5) An employee who proposes to avail of carer’s leave shall apply to the Minister
for Social, Community and Family Affairs for a decision by a deciding officer under
the Act of 1993 that the person in respect of whom the employee proposes to avail
of carer’s leave in order to provide full-time care and attention is a relevant person
for the purposes of Chapter 11A (inserted by the Act of 2000) of Part II of the Act of
1993.
(6) A decision of a deciding officer under subsection (5) may be appealed under
section 257 of the Act of 1993.
(7) For the avoidance of doubt it is declared that entitlement to carer’s benefit
under Chapter 11A (inserted by the Act of 2000) of Part II of the Act of 1993 is not a
condition for entitlement to carer’s leave.
Supplemental provisions to section 6.
7.—(1) An employee shall, as soon as is practicable, notify his or her employer of
any change in circumstances which affect the entitlement to carer’s leave.
(2) Notwithstanding sections 6(4), 8(4) and 9(1) and subject to subsections (4) and
(5), an employee may, while on carer’s leave in respect of a relevant person, apply
for carer’s leave for another person if that person resides with the relevant person.
(3) An employee who wishes to apply for carer’s leave for another person in the
circumstances referred to in subsection (2) shall apply for carer’s leave under section
6.
(4) Where an application referred to in subsection (3) is made and an employee
who is on carer’s leave in respect of a relevant person takes carer’s leave in respect
of a second relevant person—
(a) the period of carer’s leave for the first-mentioned relevant person shall not
exceed F5[104 weeks] from its commencement, and
(b) the period of carer’s leave for the second-mentioned relevant person shall
commence on the date of the decision under section 6(5) or section 6(6) and
shall not exceed F5[104 weeks] from its commencement,
and the total amount of weeks for such carer’s leave shall not exceedF5[208 weeks].
(5) An employee who is on carer’s leave in respect of a relevant person and who
takes carer’s leave in respect of a second relevant person shall not make another
application for carer’s leave in the circumstances referred to in subsection (2).
(6) The First Schedule to the Minimum Notice and Terms of Employment Act, 1973,
shall apply for the purpose of ascertaining the period of service of an employee and
whether that service has been continuous.
(7) Regulations made under section 82B(3) (inserted by the Act of 2000) of Chapter
11A of Part II of the Act of 1993 shall apply to this Act with any necessary modifications.
Manner in which carer’s leave may be taken.
8.—(1) The period of carer’s leave from employment to which an employee is entitled
shall not exceed F6[104 weeks] for each relevant person and may, subject to subsections
(2) and (3) and any regulations made under subsection (6), be taken in the form
of—
(a) one continuous period of F6[104 weeks] for each relevant person, or
(b) a number of periods, the aggregate duration of which does not exceed a total
of F6[104 weeks] from the date of the commencement of the carer’s leave.
(2) An employer may refuse, on reasonable grounds, to permit an employee to take
a period of carer’s leave which is less than 13 weeks duration and where the
employer so refuses he or she shall specify in writing to the employee the grounds
for such refusal.
(3) An employee who has taken a period of carer’s leave in accordance with
subsection (1)(b) in respect of a relevant person, shall not be entitled to commence
a further period of carer’s leave in respect of the same relevant person, until a period
of 6 weeks has elapsed since the termination of the previous period of carer’s leave.
(4) Where an employee has taken carer’s leave in respect of a relevant person and
that period of carer’s leave has terminated the employee shall not commence carer’s
leave in respect of another relevant person until a period of 6 months has elapsed
since the termination of the previous period of carer’s leave.
(5) Nothing in this Act shall be construed as prohibiting an agreement between an
employer and employee in respect of carer’s leave on terms which are more favourable
to the employee than the entitlements of the employee under this Act.
(6) The Minister may make regulations in respect of the form in which carer’s leave
may be taken by any specified class or classes of employees in circumstances where
carer’s leave is to be taken in the form referred to in subsection (1)(b).
Notice of carer’s leave.
9.—(1) When an employee proposes to take carer’s leave, the employee shall, not
later than 6 weeks before the proposed commencement of the carer’s leave, provide
the employer with a notice in writing stating—
(a) the proposal to take the carer’s leave,
(b) that an application referred to in section 6(5) or, where appropriate, section
6(6), has been made, and
(c) the proposed date of commencement of the carer’s leave and the form in
which it is proposed to be taken.
(2) Where, in exceptional or emergency circumstances, it is not reasonably practicable
to give notice in accordance with the period specified in subsection (1) the
employee shall give that notice as soon as is reasonably practicable.
(3) An employee may revoke a notice of the proposal to take carer’s leave given to
the employer in accordance with subsection (1) or, where appropriate, subsection
(2), by notice in writing given to the employer before the date of the confirmation
document and where the notice of the proposal to take carer’s leave is so revoked
the employee shall not be entitled to take carer’s leave at the time specified in the
notice given in accordance with subsection (1) or, where appropriate, subsection (2).
(4) Notwithstanding subsection (1) where leave, purporting to be carer’s leave, is
taken by an employee who is entitled to carer’s leave but who has not complied with
subsection (1) or (2), the employer may, at his or her discretion and subject to
subsection (8), treat that leave as carer’s leave and this Act shall apply to that leave
accordingly.
(5) An employer shall retain the documents given to him or her in accordance with
subsection (1).
(6) An employee who is on carer’s leave shall, not less than 4 weeks before the date
on which that employee is due to return to his or her employment, give notice in
writing to the employer of the intention to return to work.
(7) Subsection (6) shall not apply if the period of carer’s leave is terminated in
accordance with section 11(2).
(8) An employer may, when exercising his or her discretion under subsection (4),
refuse to treat leave as carer’s leave on reasonable grounds and where the employer
so refuses he or she shall specify in writing the grounds for such refusal.
Confirmation of carer’s leave.
10.—(1) Where an employee has given his or her employer the decision referred to
in section 6(1)(b), the employee and the employer shall, on a date that is not less
than 2 weeks before the proposed commencement of the carer’s leave concerned,
prepare and sign a document (referred to in this Act as a “confirmation document”)
specifying the date of the commencement of the carer’s leave, its duration and the
form in which it will be taken.
(2) Subsection (1) shall apply to the taking of carer’s leave in accordance with section
9(4) and the employee and the employer shall prepare and sign the confirmation
document as soon as may be.
(3) An employer shall retain a confirmation document signed by him or her and shall
give a copy of it to the employee concerned who shall retain it.
(4) A confirmation document, including any amendments to it made under section
12(1), shall be a notice for the purposes of section 31.
Termination of carer’s leave.
11.—(1) The period of carer’s leave shall terminate—
(a) on the date of termination of the period of carer’s leave specified in the
confirmation document,
(b) on a date agreed between the employee and employer concerned,
(c) where the person in respect of whom the employee has taken carer’s leave
ceases to satisfy the conditions for a relevant person for the purposes of the
Act,
(d) where the employee ceases to satisfy the conditions for the provision of fulltime
care and attention for the purposes of the Act,
(e) where a decision under subsection (2) is made, on the date specified in
subsection (3), and
(f) where the relevant person dies during a period of carer’s leave on the date
earliest of the following dates—
(i) the date that is 6 weeks after the date of death, or
(ii) the date of termination of the period specified in the confirmation
document.
(2) Where a deciding officer or an appeals officer makes a decision under section
18(4) or section 18(5) that—
(a) the person in respect of whom an employee proposed to take or has taken
carer’s leave did not or does not satisfy or no longer satisfies the requirements
for a relevant person,
(b) the employee does not satisfy the conditions for providing full-time care and
attention, or
(c) the employee is engaging or has engaged in employment or self-employment
other than as prescribed under section 82B(3) (inserted by the Act of 2000)
of Chapter 11A of Part II of the Act of 1993,
the period of carer’s leave shall terminate and the deciding officer or the appeals
officer shall, as soon as practicable, notify the employer and the employee of that
decision.
(3) The employer, following a notification referred to in subsection (2), shall, as
soon as practicable, give the employee a notice in writing specifying the date on which
the employee is to return to his or her employment and that date shall be a date that
is reasonable and practicable having regard to all the circumstances.
(4) Where carer’s leave is terminated under subsection (2), the employee concerned
shall return to his or her employment on the day specified in the notice under
subsection (3) and any period between the date of the return to the employment and
the date of the end of the period of the carer’s leave that is specified in the confirmation
document concerned, shall be deemed not to be carer’s leave.
(5) An employer shall, when the employee returns to his or her employment, give
a notice in writing to the Minister for Social, Community and Family Affairs that the
period of carer’s leave has terminated, the employee has returned to work and the
date of the return to employment.
(6) A person shall retain a notice under this section given to him or her and a copy
of a notice under this section given by him or her.
(7) Notwithstanding section 24, the giving of a notice to an employee under this
section shall be effected by delivering it to the employee or by sending a copy of it
by prepaid registered letter in an envelope addressed to the employee at the last
known residence of the employee or, where appropriate, the residence of the relevant
person.
Postponement, curtailment and variation
12.—(1) If, after the date of the confirmation document (whether or not the period
of carer’s leave to which it relates has commenced) the employer and the employee
so agree—
(a) the carer’s leave or part of it may be postponed to such time as may be so
agreed between the parties,
(b) the period of carer’s leave may be curtailed in a manner and to an extent as
may be so agreed between the parties, or
(c) the form of the carer’s leave may be varied in a manner as may be so agreed
between the parties,
and the confirmation document shall be amended in accordance with such agreement.
(2) Where carer’s leave is postponed, curtailed or varied the period of carer’s leave
that is not taken by reason of such postponement, curtailment or variation may,
subject to section 6, be taken at another time.
Protection of employment rights.
13.—(1) An employee who is absent from work on carer’s leave shall be regarded
as still working in the employment for all purposes relating to his or her employment
and none of his or her rights or obligations related to the employment shall be
affected by availing of carer’s leave other than—
(a) the right to—
(i) remuneration,
(ii) annual leave, except as provided for in subsection (2),
(iii) public holidays, except as provided for in subsection (3), and
(iv) superannuation benefits,
and
(b) any obligation to pay contributions in, or in respect of, the employment.
(2) Section 19 of the Organisation of Working Time Act, 1997, shall apply to the first
13 weeks of absence from work on carer’s leave for each relevant person.
(3) Section 21(1) of the Organisation of Working Time Act, 1997, shall apply to the
first 13 weeks of absence from work on carer’s leave for each relevant person and
shall not apply to public holidays that occur after such period of absence from work.
(4) Absence from employment while on carer’s leave shall not be treated as part
of any other leave from the employment (including sick leave, annual leave, adoptive
leave, maternity leave, parental leave and force majeure leave) to which the
employee concerned is entitled.
(5) Where—
(a) an employee who is on probation in his or her employment or is undergoing
training in relation to that employment or is employed under a contract of
apprenticeship takes carer’s leave, and
(b) his or her employer considers that the employee’s absence from employment
while on carer’s leave would not be consistent with the continuance of the
probation, training or apprenticeship,
the employer may require that the probation, training or apprenticeship be
suspended during the period of the carer’s leave and be completed by the employee
at the end of that period.
Return to work.
14.—(1) On the termination of carer’s leave in accordance with this Act, the
employee concerned shall be entitled to return to work—
(a) with the employer with whom he or she was working immediately before the
start of the period or, where during the employee’s absence from work there
was or were a change or changes of ownership of the undertaking in which
the employee was employed immediately before the absence, the owner on
the expiration of the period (“the successor”),
(b) in the job that the employee held immediately before the commencement of
the period, and
(c) under the contract of employment in respect of which the employee was
employed immediately before the commencement of the period or, where
a change of ownership such as is referred to in paragraph (a) has occurred,
under a contract of employment with the successor, that is identical to the
contract under which the employee was employed immediately before such
commencement, and (in either case) under terms or conditions not less
favourable to the employee than those that would have been applicable to
him or her if he or she had not been so absent from work.
(2) For the purposes of subsection (1)(b), where the job held by an employee
immediately before the commencement of a period of carer’s leave to which he or
she is entitled was not the employee’s normal or usual job, the employee shall be
entitled to return to work, either in that job or in his or her normal or usual job as
soon as is practicable without contravention by the employee or the employer of any
provision of a statute or provision made under statute.
(3) Where, because of an interruption or cessation of work at an employee’s place
of employment that exists at the time of the expiration of a period of carer’s leave
taken by the employee, it is unreasonable to expect the employee to return to work
on such expiration, the employee may return to work instead when work resumes at
the place of employment after the interruption or cessation, or as soon as reasonably
practicable after such resumption.
Right to alternative employment.
15.—(1) Where an employee is entitled to return to work pursuant to section 14
but it is not reasonably practicable for the employer to permit the employee to return
to work in accordance with that section, the employee shall be entitled to be offered
by his or her employer suitable alternative employment under a new contract of
employment.
(2) Work under a new contract of employment constitutes suitable alternative work
for the purposes of this Act if—
(a) it is of a kind that is suitable in relation to the employee concerned and
appropriate for the employee to do in the circumstances.
(b) the terms or conditions of the contract relating to the place where the work
under it is required to be done, the capacity in which the employee concerned
is to be employed and any other terms or conditions of employment are not
substantially less favourable to the employee than those of his or her contract
of employment immediately before the commencement of the period of
absence from work while on carer’s leave, and
(c) the continuity of service is preserved.
Protection of employees from penalisation.
16.—(1) An employer shall not penalise an employee for proposing to exercise or
having exercised his or her entitlement to carer’s leave.
(2) Penalisation of an employee includes—
(a) dismissal of the employee.
(b) unfair treatment of the employee, including selection for redundancy, and
(c) an unfavourable change in the conditions of employment of the employee.
(3) If a penalisation of an employee, in contravention of subsection (1), constitutes
a dismissal of the employee, as referred to in subsection (2)(a) the employee may
institute proceedings under the Unfair Dismissals Acts, 1977 to 1993, in respect of
that dismissal and such dismissal may not be referred to a rights commissioner under
Part 4.
(4) An employee who is entitled to return to work in the employment concerned in
accordance with section 14 but is not permitted by his or her employer to do so—
(a) shall be deemed to have been dismissed on the date on which he or she was
entitled to so return to work and the dismissal shall be deemed, for the
purposes of the Unfair Dismissals Acts, 1977 to 1993, to have been an unfair
dismissal unless, having regard to all the circumstances, there were
substantial grounds justifying the dismissal, and
(b) shall be deemed for the purposes of the Redundancy Payments Acts, 1967 to
1991, to have had his or her contract of employment with his or her employer terminated on the date aforesaid.
Disputes.
17.—(1) This Part F7[…] does not apply to a dispute relating to—
(a) any matter arising out of section 6(5) and 6(6),
(b) any matter arising out of paragraphs (a), (c) and (d) of section 6(1), and
(c) any matter arising out of section 18.
(2) Where, in a dispute, there is a decision of a deciding officer or an appeals officer
that concerns a matter specified in paragraph (a), (b) or (c) of subsection (1), F8[an
adjudication officer within the meaning of the Workplace Relations Act 2015 or the
Labour Court, as may be appropriate,] shall accept that decision as a final determination
of that matter.
(3) A document purporting to be a decision of a deciding officer or an appeals officer
and signed by that officer shall be sufficient evidence of the making of the decision
and of its terms, without proof of the signature of that officer or of the official
capacity of that officer.
(4) This Part does not apply to a member of the Defence Forces.
Annotations
Amendments:
Reference by employer to Minister on certain issues.
18.—(1) An employer who is of the opinion that—
(a) the person in respect of whom the employee proposes to take carer’s leave
is not or is no longer a relevant person, or
(b) the person in respect of whom carer’s leave has been granted, and in respect
of whom the employee is on carer’s leave, is not or is no longer a relevant
person,
shall notify the Minister for Social, Community and Family Affairs of his or her opinion
and the grounds for that opinion.
(2) An employer who is of the opinion that an employee who proposes to take, or
is on, carer’s leave does not satisfy the conditions for providing full-time care and
attention to the relevant person shall notify the Minister for Social, Community and
Family Affairs of his or her opinion and the grounds for such opinion.
(3) An employer who is of the opinion that an employee who proposes to take, or
is on, carer’s leave is engaging or has engaged in employment or self-employment
other than as prescribed under section 82B(3) (inserted by the Act of 2000) of Chapter
11A of Part II of the Act of 1993 shall notify the Minister for Social, Community and
Family Affairs of his or her opinion and the grounds for such opinion.
(4) On receipt of a notification under subsection (1), (2) or (3), the notification shall
be referred to a deciding officer for a decision under the Act of 1993 as to whether—
(a) the person referred to in subsection (1) is a relevant person,
(b) the employee satisfies the conditions for providing full-time care and attention
to the relevant person, or
(c) the employee is engaging or has engaged in employment or self-employment
other than as prescribed under section 82B(3) (inserted by the Act of 2000)
of Chapter 11A of Part II of the Act of 1993.
for the purposes of Chapter 11A (inserted by the Act of 2000) of Part II of the Act of
1993.
(5) A decision of a deciding officer under subsection (4) may be appealed under
section 257 of the Act of 1993.
Reference of disputes
19.F9[…]
F9 Repealed (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 8(1) and sch. 2 part 1 ref. 13,
Appeal from decision of rights commissioner.
20.F10[…]
F10 Repealed (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 8(1) and sch. 2 part 1 ref. 13,
Decision under section 41 or 44 of Workplace Relations Act 2015.
21. (1) A decision of an adjudication officer under section 41 of the Workplace
Relations Act 2015 in relation to a dispute to which this Part applies between an
employee and an employer concerning the employee’s entitlements under this Act
may include—
(a) a grant of carer’s leave to the employee of such length to be taken at such
time or times and in such manner as the adjudication officer may specify,
(b) an award of compensation (in favour of the employee concerned to be paid
by the employer concerned) of such amount, not exceeding 26 weeks’
remuneration in respect of the employee’s employment calculated in such
manner as may be prescribed, as the adjudication officer considers just and
equitable having regard to all of the circumstances, or
(c) both such grant and such award.
(2) A decision of the Labour Court under section 44 of the Workplace Relations Act
2015 on appeal from a decision of an adjudication officer referred to in subsection
(1) may include—
(a) a grant of carer’s leave to the employee of such length to be taken at such
time or times and in such manner as the Labour Court may specify,
(b) an award of compensation (in favour of the employee concerned to be paid
by the employer concerned) of such amount, not exceeding 26 weeks’
remuneration in respect of the employee’s employment calculated in such
manner as may be prescribed, as the Labour Court considers just and equitable
having regard to all of the circumstances, or
(c) both such grant and such award.
(3) Where appropriate, the confirmation document concerned shall be amended
by the parties concerned so as to accord with a decision referred to in subsection (1)
or (2).
(4) In this section ‘remuneration’ includes allowances in the nature of pay and
benefits in lieu of or in addition to pay.]
Enforcement of decisions and determinations.
22.F12[…]
F12 Repealed (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 8(1) and sch. 2 part 1 ref. 13,
Appeal to High Court on point of law.
23.F13[…]
F13 Repealed (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 8(1) and sch. 2 part 1 ref. 13,
PART 5
MISCELLANEOUS
Service of notices.
24.—(1) A notice or other document under Part 4 shall be, subject to subsection
(2), addressed to the person concerned by name, and may be served on or given to
the person in one of the following ways—
(a) by delivering it to the person,
(b) by leaving it at the address at which the person ordinarily resides or, in a case
in which an address for service has been furnished, at that address.
(c) by sending it by post in a prepaid registered letter to the address at which the
person ordinarily resides, or in a case in which an address for service has
been furnished, to that address.
(2) For the purposes of this section, a company, within the meaning of the Companies
Acts, 1963 to 1999, shall be deemed to be ordinarily resident at its registered office,
and every other body corporate and every unincorporated body shall be deemed to
be ordinarily resident at its principal office or place of business.
Winding up and bankruptcy.
25.F14[…]
F14 Repealed (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 8(1) and sch. 2 part 1 ref. 13,
Maintenance of records.
31.—(1) An employer shall make a record of the carer’s leave taken by his or her
employees indicating the period of employment for each employee and the dates and
times in respect of which each employee was on carer’s leave.
(2) A record made under this section shall be retained by the employer concerned
for a period of 8 years and, if the Minister prescribes the form of such records, the
records shall be kept in the prescribed form.
(3) Notices, or copies of notices, required to be retained under this Act by a person
shall be retained by that person for a period of 3 years.
(4) An employer who contravenes subsection (1) or (2) shall be guilty of an offence
and shall be liable on summary conviction to a fine not exceeding €3,000 (£2,362.69).
Inspectors. 32.F15[…]
F15 Repealed (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 8(1) and sch. 2 part 1 ref. 13,
Penalties, proceedings, etc.
33.—(1) A person guilty of an offence under this Act shall be liable on summary
conviction to a fine not exceeding €3,000 (£2,362.69).
(2) Where an offence under this Act is committed by a body corporate and is proved
to have been committed with the consent or connivance of, or to be attributable to
any neglect on the part of, a person being a director, manager, secretory or other
officer of that body corporate, or a person who was purporting to act in that capacity,
that person shall also be guilty of an offence and be liable to be proceeded against
and punished as if he or she were guilty of the first-mentioned offence.
(3) Proceedings for an offence under sections 31 and 32 may be brought and prosecuted
by the Minister.
(4) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act, 1851,
proceedings for an offence under this Act may be instituted within 12 months from
the date of the offence.