Minister Killeen Announces Increase in Carer’s Leave Entitlements to 2 Years for Workers

Mr. Tony Killeen, T.D. Minister for Labour Affairs announced today (Monday 1st May 2006) that the Carer’s Leave Act 2001 has been amended under the Social Welfare Law Reform and Pensions Act 2006 to provide for an increase in Carer’s Leave entitlements to workers from 65 weeks to 104 weeks.

Welcoming the change, Minister Killeen said: “the maximum entitlement to carer’s leave for eligible employees under the Carer’s Leave Act 2001 has been extended from 65 weeks to 104 weeks (or 2 years) with effect from 24^th March 2006. This extended entitlement applies to employees who apply for carer’s leave on or after that date”.

A number of employees are already on Carer’s Leave from their employment under arrangements agreed with their employers. Such employees who wish to avail of the extended maximum entitlement should, however, return to work on the agreed date and then re-apply for the balance. Minister Killeen urged employers and employees involved in any such existing arrangements to continue to honour these commitments, mindful of the changes made to the 2001 Act regarding the extension of the duration of Carer’s Leave to two years.

Minister Killeen added "The change to the 2001 Act is further recognition of the important role played by carers in our society and we must continue to provide support and practical assistance to these carers. The Carer’s Leave Act makes it possible for workers to make the temporary choice of becoming a carer without loss of employment and where possible care recipients may be cared for in the home."

Regulations, to be made shortly under Social Welfare legislation, will allow carers to work for up to 15 hours per week compared with the current limit of 10 hours from the beginning of June. “This will allow employers to continue to avail of the services of valued employees on a part-time basis while, at the same time, recognising the sensitivities of individual situations", Minister Killeen added.

Since the Carer’s Leave Act 2001 came into effect in July 2001, 3,641 workers have availed of Carer’s Leave.

Concluding, Minister Killeen said: “I hope that this increased entitlement will give greater flexibility to those who currently avail of, or wish to avail of, carer’s leave”.

ENDS/ LA 180

Note for Editors

Main Provisions of Carer’s Leave Act 2001 (as amended by the Social Welfare Law Reform and Pensions Act 2006

• From 24 March 2006, Carer’s Leave may be taken in a block of up to 104 weeks, or in a series of lesser periods not exceeding an aggregate of 104 weeks
• Carers will not be required to be paid by employers while on Carer’s Leave but will have their jobs kept open for them for the duration of the leave. Eligibility for Carer’s Benefit will not be a prerequisite for Carer’s Leave entitlement but employees who meet certain criteria, will be entitled to apply to the Department of Social Family Affairs for Carer’s Benefit, which is currently €180.70 per week.
• There is a minimum service requirement (i.e. an employee is required to have a minimum period of 12 months continuous service with his/her employer) in order to be eligible to apply for Carer’s Leave.
• A medical assessment that the care recipient (i.e. the person for whose care the leave is taken), is in need of full-time care and attention, is required.
• If an employee does not live with the care recipient, a direct system of communication must exist between the employee’s residence and that of the care recipient. An employee who wishes to apply for the Carer’s Leave will not require to be related to the care recipient.
• At any one time, not more than one employee may take Carer’s Leave in respect of the same care recipient. However, on one occasion only, an employee may take Carer’s Leave in respect of more than one care recipient where the two care recipients reside together.
• An employee may not be dismissed because he/she exercises the right to avail of Carer’s Leave.

Disputes about Carer’s Leave entitlement are referable (by an employee or employer) to the Rights Commissioner Service of the Labour Relations Commission and on appeal to the Employment Appeals Tribunal.

Disputes in relation to medical assessments are referable to Deciding Officers and/or Appeal Officers of the Department of Social and Family Affairs.

An Information Booklet on the 2001 Act is available on the Department of Enterprise, Trade and Employment’s Website at:

http://www.djei.ie/publications/employment/2001/carersleaveactbooklet.pdf

Ends