First Previous (PART IV Resolution of Disputes)

30 1998

PARENTAL LEAVE ACT, 1998

PART V

Miscellaneous

Notices.

23. —(1) The giving of a notice or other document to a person for the purposes of proceedings under this Act may be effected by delivering it to the person or by sending a copy of it by registered prepaid post in an envelope addressed to the person at the person's last known residence or place of business.

(2) In the case of a company to which the Companies Act, 1963 , applies, such a document may be given by delivering it, or sending a copy of it by registered prepaid post in an envelope addressed to the company at its registered office.

(3) In the case of a body corporate to which subsection (2) does not apply or an unincorporated body of persons, such a document may be given by sending a copy of it to the body at any place in the State where it carries on business or in such other manner as an originating summons may be served on the body under rules of court.

(4) A rights commissioner may, if he or she considers it reasonable to do so having regard to all the circumstances, extend by a specified period (not exceeding 6 weeks) the period of time within which a notice under this Act (other than section 19 (2)) is required to be given.

(5) The Tribunal may, if it considers it reasonable to do so having regard to all the circumstances, extend by a specified period the time within which a notice under section 19 (2) is required to be given.

(6) Time may be extended under subsection (4) or (5) after the expiration of the period of time concerned.

Winding up and bankruptcy.

24. —(1) There shall be included among the debts that, under section 285 of the Companies Act, 1963 , are in the distribution of the assets of a company being wound up, to be paid in priority to all other debts, any compensation payable under this Act by the company to an employee, and that Act shall have effect accordingly, and formal proof of the debts to which priority is given under this subsection shall not be required except in cases where it may otherwise be provided by rules of court.

(2) There shall be included among the debts that, under section 81 of the Bankruptcy Act, 1988 , are, in the distribution of the property of a bankrupt or arranging debtor, to be paid in priority to all other debts, any compensation payable under this Act by the bankrupt or arranging debtor, as the case may be, to an employee, and that Act shall have effect accordingly, and formal proof of the debts to which priority is given under this subsection shall not be required except in cases where it may otherwise be provided by rules of court.

Amendment of enactments.

25. —(1) The Redundancy Payments Act, 1967 , is hereby amended by the substitution in paragraph 5(1) of Schedule 3 of the following clause for clause (d) (inserted by the Maternity Protection Act, 1994):

“(d) a period during which the employee is absent from work while on protective leave, natal care absence within the meaning of Part IV of the Maternity Protection Act, 1994, parental leave or force majeure leave.”.

(2) Section 6 of the Unfair Dismissals Act, 1977 , is hereby amended—

(a) by the insertion in subsection (2), after paragraph (d), of the following paragraph:

“(dd) the exercise or proposed exercise by the employee of the right to parental leave or force majeure leave under and in accordance with the Parental Leave Act, 1998,”,

and

(b) the insertion, after subsection (2A) (inserted by the Maternity Protection Act, 1994), of the following subsection:

“(2B) Sections 3 and 4 do not apply to a case falling within subsection (2)(dd) and, for the purpose of that paragraph, ‘employee’ includes a person who would otherwise be excluded from this Act by paragraph (a), (c), (f) or (g) of section 2(1).”.

(3) An employee who is entitled to return to work in the employment concerned in accordance with section 15 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 return to work as aforesaid and the dismissal shall be deemed, for the purposes of the Unfair Dismissal Acts, 1977 to 1993, to have been an unfair dismissal unless, having regard to all the circumstances, there were substantial grounds justifying the dismissal,

(b) shall be deemed for the purposes of the Redundancy Payments Acts, 1967 to 1991, to have been dismissed by reason of redundancy on the date aforesaid, and

(c) shall be deemed for the purposes of the Minimum Notice and Terms of Employment Acts, 1973 to 1991, to have had his or her contract of employment with his or her employer terminated on the date aforesaid.

(4) The Organisation of Working Time Act, 1997 , is hereby amended—

(a) in section 15, by the insertion in subsection (4), after paragraph (a), of the following paragraph:

“(aa) any period during which the employee was absent from work while on parental leave or force majeure leave,”,

and

(b) in section 16, by the insertion in subsection (5), after paragraph (c), of the following paragraph:

“(cc) any period during which the employee was absent from work while on parental leave or force majeure leave,”.

(5) The Employment Equality Act, 1998 , is hereby amended by the insertion in section 39 , after paragraph (b), of the following paragraph:

“(bb) to provide information to the public on the working of the Parental Leave Act, 1998,”.

Extension of Protection of Employees (Employers' Insolvency) Act, 1984 .

26. —(1) Section 6 of the Protection of Employees (Employers' Insolvency) Act, 1984 (as amended by the Maternity Protection Act, 1994) shall be amended in accordance with this section.

(2) In subsection (2)(a)(v), for clause (II) there shall be substituted—

“(II) a decision, determination or order under Part V of the Maternity Protection Act, 1994, or Part IV of the Parental Leave Act, 1998,”.

(3) In subsection (4)(c)—

(a) for subparagraph (iv) (other than clauses (I) and (II) thereof) there shall be substituted—

“(iv) A payment shall not be made under this section in respect of an amount to which a decision under Part V of the Maternity Protection Act, 1994, or Part IV of the Parental Leave Act, 1998, relates unless—”,

and

(b) for subparagraph (v) (other than clauses (I) and (II) thereof) there shall be substituted—

“(v) A payment shall not be made under this section in respect of an amount to which a determination under Part V of the Maternity Protection Act, 1994, or Part IV of the Parental Leave Act, 1998, relates unless—”.

Records.

27. —(1) An employer shall make a record of the parental leave and force majeure leave taken by his or her employees showing the period of employment of each employee and the dates and times upon which each employee was on parental leave or force majeure 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 specifies the form of such records (which he or she is hereby empowered to do), the record shall be in that form or a form to the like effect.

(3) Notices, or copies of notices, required by this Act to be retained by a person shall be retained by the person for a period of one year.

(4) An employer who contravenes subsection (1) or (2) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500.

(5) An inspector (within the meaning of the Organisation of Working Time Act, 1997 ) may, for the purposes of this section, exercise any of the powers conferred on him or her by that Act.

(6) Proceedings for an offence under this section may be brought and prosecuted by the Minister.

Review of Act.

28. —The Minister shall, not earlier than 2 years and not later than 3 years after the commencement of this Act, after consultation with persons whom he or she considers to be representative of employers generally and persons whom he or she considers to be representative of employees generally, conduct a review of the operation of this Act and shall prepare a report in writing of the findings of the review and shall cause copies of the report to be laid before each House of the Oireachtas.