PATERNITY LEAVE AND BENEFIT ACT 2016

“CHAPTER 11A

Paternity Benefit

Interpretation

61A. (1) In this Chapter—

‘Act of 1995’ means the Adoptive Leave Act 1995;

‘Act of 2010’ means the Adoption Act 2010;

‘ Act of 2016 ’ means the Paternity Leave and Benefit Act 2016;

‘adopting mother’ has the same meaning as it has in the Act of 1995;

‘certificate of placement’ has the meaning assigned to it by section 13 of the Act of 1995;

‘confinement’ has the same meaning as it has in Chapter 9 and ‘confined’ shall be construed accordingly;

‘date of confinement’ shall be construed in accordance with section 51(1)(b);

‘day of placement’ has the same meaning as it has in the Act of 2016;

‘declaration of eligibility and suitability’ has the same meaning as it has in the Act of 2010;

‘expected week of confinement’ has the meaning assigned to it by section 61B(1)(b)(ii)(I);

‘paternity leave’ has the meaning assigned to it by section 6 of the Act of 2016;

‘provides care in relation to a child’ shall be construed in accordance with section 61B(3);

‘relevant adopting parent’ means, in relation to a child who is, or is to be, adopted—

• (a) where the child is, or is to be, adopted jointly by a married couple of the same sex, the spouse of the relevant parent in relation to that child,

• (b) the adopting mother of the child, or

• (c) the sole male adopter of the child;

‘relevant day’ means the first day for which paternity benefit is claimed;

‘relevant parent’, in relation to a child—

• (a) in the case of an employed contributor, has the meaning given to it by section 2(1) of the Act of 2016, and

• (b) in the case of a person in insurable self-employment, means a person (other than the mother of the child) who is—

  • (i) in the case of a child who is, or is to be, adopted—

    • (I) where the child is, or is to be, adopted jointly by a married couple of the same sex, the spouse chosen by that couple to be the relevant parent for the purpose of this Chapter, or

    • (II) in the case of a child other than a child referred to in clause (I), the spouse, civil partner or cohabitant, as the case may be, of the adopting mother or sole male adopter of the child,

    or

  • (ii) in any other case—

    • (I) the father of the child,

    • (II) the spouse, civil partner or cohabitant, as the case may be, of the mother of the child, or

    • (III) a parent of the child under section 5 of the Children and Family Relationships Act 2015 where the child is a donor-conceived child within the meaning of Part 2 of that Act;

    ‘sole male adopter’ has the same meaning as it has in the Act of 1995 and includes, for the purpose of this Chapter, a person who would be a sole male adopter but for the fact that he is not an employee within the meaning of that Act;

    ‘surviving parent’ means, in relation to a child whose relevant parent has died—

• (a) in the case of a child who is, or is to be, adopted, the relevant adopting parent of the child, or

• (b) in any other case, the mother of the child;

‘transferred paternity leave’ has the meaning assigned to it by section 15 of the Act of 2016.

• (2) For the purpose of this Chapter, a reference to a child who is, or is to be, adopted is a reference to a child who is, or is to be, the subject of—

  • (a) an adoption order within the meaning of the Act of 2010, or

  • (b) an intercountry adoption effected outside the State within the meaning of that Act and recognised under that Act.

• (3) In this Chapter, a reference to the mother of a child includes a reference to the expectant mother of a child, unless the context otherwise requires.

Entitlement to and duration of benefit

61B. (1) Subject to this Act, a relevant parent shall be entitled to paternity benefit in respect of a period during which the relevant parent provides care in relation to a child where—

- (a) in the case of an employed contributor, it is certified by the employer of the relevant parent that he or she is entitled to paternity leave under the *Act of 2016*,

- (b) in the case of a person in insurable self-employment, being—

    - (i) a relevant parent referred to in paragraph (b)(i) of the definition of ‘relevant parent’ in section 61A(1) —

        - (I) a certificate of placement is issued in relation to the child, or

        - (II) a declaration of eligibility and suitability is issued in relation to the child and particulars in writing are provided of the day of placement or expected day of placement,

          or

    - (ii) a relevant parent referred to in paragraph (b)(ii) of the definition of ‘relevant parent’ in section 61A(1) —

        - (I) it is certified by a registered medical practitioner, or otherwise to the satisfaction of the Minister, that it is expected that the mother of the child will be confined in a week specified in the certificate (in this section referred to as the ‘expected week of confinement’) not being more than the prescribed number of weeks after that in which the certificate is given, or

        - (II) it is certified by a registered medical practitioner, or otherwise to the satisfaction of the Minister, that the mother of the child has been confined,

          and

- (c) subject to subsection (2), the relevant parent satisfies the contribution conditions in section 61C.

• (2) Regulations may provide for entitling to paternity benefit, subject to the conditions and in the circumstances that may be prescribed, the class or classes of persons who would be entitled to that benefit but for the fact that the contribution conditions in section 61C are not satisfied.

• (3) Paternity benefit shall be payable under this Chapter to a relevant parent in relation to a child for the purpose of enabling the relevant parent to provide, or assist in the provision of, care to the child or to provide support to the relevant adopting parent or mother of the child, as the case may be, or both, and ‘provides care in relation to a child’ shall be construed accordingly.

• (4) Subject to subsections (5) and (7)(c) —

  • (a) only one paternity benefit shall be payable in relation to a child, and

  • (b) where—

    • (i) the birth of the child is part of a multiple birth of 2 or more children, or

    • (ii) a person adopts 2 or more children at the same time,

    only one paternity benefit shall be payable in relation to the children concerned.

• (5) Subsection (4) shall not operate to prevent paternity benefit from being paid to a relevant parent referred to in paragraph (b)(i) of the definition of ‘relevant parent’ in section 61A(1) in relation to a child by reason only that paternity benefit has already been paid in relation to that child to a person other than the relevant parent concerned prior to the adoption of the child.

• (6) The surviving parent of a child shall be entitled to benefit under this Chapter as if he or she were the relevant parent and the provisions of this Chapter (other than section 61C) shall apply in the case of the surviving parent where—

  • (a) in the case of a surviving parent who is an employed contributor, it is certified by the employer of the surviving parent that he or she is entitled to transferred paternity leave under the Act of 2016, or

  • (b) in any other case, the relevant parent entitled to paternity benefit in relation to the child dies before the expiry of the twenty-eighth week following the date of confinement or day of placement.

• (7) Subject to this Chapter, paternity benefit shall be payable—

  • (a) in the case of an employed contributor—

    • (i) for the period of paternity leave to which the relevant parent is entitled under the Act of 2016, or

    • (ii) for the period of transferred paternity leave to which a surviving parent is entitled under the Act of 2016,

  • (b) in the case of a person in insurable self-employment, being—

    • (i) a relevant parent referred to in paragraph (b)(i) of the definition of ‘relevant parent’ in section 61A(1), for 2 consecutive weeks—

      • (I) beginning on or after the day of placement, and

      • (II) ending not later than 28 weeks after the day of placement,

      or

    • (ii) a relevant parent referred to in paragraph (b)(ii) of the definition of ‘relevant parent’ in section 61A(1), for 2 consecutive weeks—

      • (I) beginning on or after the date of confinement, and

      • (II) ending not later than 28 weeks after the date of confinement,

      or

  • (c) in the case of a surviving parent entitled to paternity benefit under subsection (6)(b), being—

    • (i) the relevant adopting parent of the child, for 2 consecutive weeks less any period for which paternity benefit has already been paid in relation to the child—

      • (I) where he or she is entitled to or is in receipt of adoptive benefit under Chapter 11, beginning on the day immediately after the last day for which adoptive benefit is claimed by the surviving parent, or

      • (II) in any other case, within the period specified in paragraph (b)(i)(I) and (II),

      or

    • (ii) the mother of the child, for 2 consecutive weeks less any period for which paternity benefit has already been paid in relation to the child—

      • (I) where she is entitled to or is in receipt of maternity benefit under Chapter 9, beginning on the day immediately after the last day for which maternity benefit is claimed by the surviving parent, or

      • (II) in any other case, within the period specified in paragraph (b)(ii)(I) and (II),

      but where the surviving parent dies, the benefit shall not be payable for any subsequent day.

• (8) Where a relevant parent to whom paternity benefit is payable in accordance with subsection (7)(b) becomes entitled—

  • (a) pursuant to section 47(4), to maternity benefit under Chapter 9, or

  • (b) pursuant to section 58(4)(b)(ii), to adoptive benefit under Chapter 11,

  the payment of the paternity benefit shall be postponed to the day immediately after the last day for which maternity benefit or adoptive benefit is claimed by the relevant parent.

• (9) Where a relevant parent is entitled to paternity benefit in accordance with subsection (1)(b)(ii)(I), the payment of the paternity benefit in accordance with this Chapter may be postponed in the event that the date of confinement occurs after the expected week of confinement and regulations may provide for the period of such postponement.

• (10) In the event of the hospitalisation of the child in relation to whom the relevant parent is entitled to paternity benefit, the payment of the paternity benefit in accordance with this Chapter may be postponed and regulations may provide for the period of such postponement.

• (11) Where provision is made under subsection (10) for the postponement of the payment of paternity benefit, the payment may be payable after the period specified in subsection (7)(b)(i) or (ii) but shall not be postponed to a day later than the day immediately after the day on which the child is discharged from hospital.

• (12) For the purposes of this section, a Sunday shall not in any week be treated as a day of entitlement to paternity benefit and, accordingly, the amount payable by way of that benefit for any other day of a week shall be one-sixth of the appropriate weekly rate, subject to the total amount being paid at any time by virtue of this subsection being rounded up to the nearest 10 cent where it is a multiple of 5 cent but not also a multiple of 10 cent, and being rounded to the nearest 10 cent where it is not a multiple of 5 cent or 10 cent.

• (13) In the case of an employed contributor, where the employment ceases during the period for which paternity benefit is payable under this Chapter, the beneficiary shall continue to be treated as if the event which caused the cesser of employment had not occurred.

• (14) Subject to subsection (6), a person who is entitled to, or is in receipt of, adoptive benefit under Chapter 11 in accordance with section 58(4)(a)(i) or (b)(i) shall not be entitled to benefit under this Chapter.

• (15) Regulations may provide for requiring an employer or any other person to furnish any information that may be required for the purposes of determining a claim for paternity benefit.

• (16) This section applies—

  • (a) in the case of a child who is, or is to be, adopted, where the day of placement in respect of the child falls on or after 1 September 2016, or

  • (b) in any other case, where the date of confinement in respect of the child falls on or after 1 September 2016.

  Conditions for receipt

  61C. The contribution conditions for paternity benefit are—

  • (a) in the case of an employed contributor—

    • (i) (I) that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the period beginning with his or her entry into insurance and ending immediately before the relevant day, and

      • (II) (A) that the claimant has qualifying contributions or credited contributions in respect of not less than 39 contribution weeks in the second last complete contribution year before the beginning of the benefit year in which the relevant day occurs or in a subsequent complete contribution year before the relevant day, or

      • (B) that the claimant has qualifying contributions in respect of not less than 26 contribution weeks in each of the second last and third last complete contribution years before the beginning of the benefit year in which the relevant day occurs,

      or

    • (ii) that the claimant has qualifying contributions in respect of not less than 39 contribution weeks in the 12 months immediately before the relevant day, or having been in insurable self- employment, he or she satisfies the contribution conditions in paragraph (b),

    and

  • (b) in the case of a person in insurable self-employment—

    • (i) that the claimant has qualifying contributions in respect of not less than 52 contribution weeks in the second last complete contribution year or in the third last complete contribution year before the beginning of the benefit year in which the relevant day occurs, or in a subsequent complete contribution year before the relevant day, or

    • (ii) where the claimant was previously an employed contributor, that he or she satisfies the contribution conditions in paragraph (a)(i) or that he or she has employment contributions in respect of not less than 39 contribution weeks in the 12 months immediately before the relevant day.

    Rate of benefit

    61D. Subject to this Act, the weekly rate of paternity benefit shall be an amount equal to the greater of—

  • (a) the amount of illness benefit, including any increases of that benefit, which the person would otherwise receive if he or she was entitled to that benefit, or

  • (b) €230.

  Disqualification

  61E. Regulations may provide for disqualifying a relevant parent or a surviving parent for receiving paternity benefit where, during the period for which the benefit is payable, the relevant parent or surviving parent engages in any form of insurable employment, insurable (occupational injuries) employment, insurable self-employment, any employment referred to in paragraph 1, 2, 3 or 6 of Part 2 of Schedule 1 or any self-employment referred to in paragraph 1 or 5 of Part 3 of Schedule 1.”.

PART 6 Miscellaneous

32. Amendment of Schedule 3 to Redundancy Payments Act 1967

32. Schedule 3 to the Redundancy Payments Act 1967 is amended—

• (a) in paragraph 5, by the insertion of the following subparagraph after subparagraph (d):

• “(e) any period during which an employee was absent from work while on paternity leave or transferred paternity leave under the Paternity Leave and Benefit Act 2016,”,

and

• (b) in paragraph 8A—

• (i) by the insertion of the following subparagraph after subparagraph (b):

• “(ba) a period during which, in accordance with the Paternity Leave and Benefit Act 2016, an employee was absent from work while on paternity leave or transferred paternity leave within the meaning of that Act,”,

and

• (ii) in subparagraph (c) by the substitution of “paragraphs (a), (b) or (ba) ” for “paragraphs (a) or (b) ”.

33. Amendment of section 6 of Act of 1977

33. Section 6 of the Act of 1977 is amended—

• (a) in subsection (2), by—

• (i) the substitution, in paragraph (h), of “meetings,” for “meetings.”, and

• (ii) the insertion of the following paragraph after paragraph (h):

• “(i) the exercise or proposed exercise by the employee of the right under the Paternity Leave and Benefit Act 2016 to paternity leave or transferred paternity leave within the meaning of that Act,”,

and

• (b) in subsection (2A), by the substitution of “, (h) or (i)” for “or (h)”.

34. Amendment of Act of 1994

34. The Act of 1994 is amended—

• (a) by the insertion of the following in section 2:

“ ‘paternity leave’ and ‘transferred paternity leave’ have the same meanings as they have in the Paternity Leave and Benefit Act 2016;”,

• (b) in section 14—

• (i) by the insertion, in subsection (1), of “and, where applicable, any period of transferred paternity leave taken by her” after “end of her maternity leave”, in both places in which it occurs, and

• (ii) by the substitution of the following for subsection (4):

• “(4) Notification under subsection (3) shall be given either at the same time as the relevant notification under section 9 or not later than four weeks before—

  • (a) the date which would have been the employee’s expected date of return to work under Part IV if she had not taken the additional maternity leave, or

  • (b) where the employee takes transferred paternity leave, the date on which the additional maternity leave is, under subsection (1), to commence.”,

• (c) in section 14A(1), by the insertion of the following after subsection (4):

• “(5) A reference in subsection (1) to the last 4 weeks of maternity leave shall, in the case of an employee who takes transferred paternity leave, be construed as a reference to the last 2 weeks of maternity leave and the period of that transferred paternity leave.”,

and

• (d) in section 16—

• (i) by the insertion, in subsection (1), of “and subject to subsection (10) ” after “with this section”,

• (ii) by the substitution, in subsection (3), of “Subject to subsection (10) and section 16B,” for “Subject to section 16B,”,

• (iii) by the insertion, in subsection (4), of “or, where applicable, paternity leave under section 13(1) of the Paternity Leave and Benefit Act 2016” after “his subsection (1)(a) leave” in both places where it occurs,

• (iv) by the deletion, in subsection (6), of “under subsection (4).” and the substitution of the following:

“subsection (4) or, where he takes paternity leave under section 13(1) of the Paternity Leave and Benefit Act 2016, the date on which the further leave is, under subsection (4), to commence.”,

• (v) in subsection (8) —

• (I) by the insertion of “and paragraphs (a) and (b) of subsection (10)” after “subsections (1) and (4) ”, and

• (II) by the substitution of “those subsections or paragraphs” for “those subsections”,

and

• (vi) by the insertion of the following after subsection (9):

• “(10) Where, on the date on which a person becomes entitled under subsection (1) to leave under that subsection, the person is on paternity leave, this section and sections 16A and 16B shall apply to the person subject to the following modifications and any other necessary modifications:

  • (a) where the person is entitled to subsection (1)(a) leave, the leave shall commence immediately after the end of the paternity leave and, subject to section 16B, end at the end of the twenty-fourth week following the end of the paternity leave;

  • (b) where the person is entitled to subsection (1)(b) leave, the leave shall commence immediately after the end of the paternity leave and, subject to sections 16A and 16B, end at the end of the fortieth week following the end of the paternity leave;

  • (c) a reference in this section and sections 16A and 16B to—

    • (i) subsection (1)(a) leave shall be deemed to include a reference to a period of leave to which paragraph (a) applies, and

    • (ii) subsection (1)(b) leave shall be deemed to include a reference to a period of leave to which paragraph (b) applies.”.

35. Amendment of Act of 1995

35. The Act of 1995 is amended—

• (a) by the insertion of the following in section 2:

“ ‘paternity leave’ and ‘transferred paternity leave’ have the same meanings as they have in the Paternity Leave and Benefit Act 2016;”,

• (b) in section 8(1) —

• (i) by the substitution of “or is on, adoptive leave or transferred paternity leave” for “or is on, adoptive leave”, and

• (ii) by the insertion in paragraph (b) of “or, where applicable, any period of transferred paternity leave”, after “adoptive leave”,

• (c) by the deletion, in section 8(3), of “additional adoptive leave.” and the substitution of “additional adoptive leave or, where the employed adopting mother (or sole male adopter) takes transferred paternity leave, the date on which the additional adoptive leave is, under subsection (1)(b), to commence.”,

• (d) in section 9, by the substitution of the following for subsection (3):

• “(3) The period of adoptive leave referred to in subsection (1) shall commence on the latest of the following:

  • (a) within 7 days of the death of the adopting mother,

  • (b) the day of placement, or

  • (c) where, on the date of the death of the adopting mother, the adopting father is on paternity leave, immediately after the end of the paternity leave.”,

and

• (e) in section 10, by the substitution of the following for subsection (5):

• “(5) The period of additional adoptive leave referred to in subsection (1) shall commence—

  • (a) within 7 days of the death of the adopting mother,

  • (b) where, on the date of the death of the adopting mother, the adopting father is on paternity leave, immediately after the end of the paternity leave, or

  • (c) where the adopting father was on adoptive leave, on the day immediately following the end of such leave.”.

36. Amendment of section 126 of Taxes Consolidation Act 1997

36. Section 126 of the Taxes Consolidation Act 1997 is amended in paragraph (a) of subsection (2A) by—

• (a) the deletion of “and” after “benefit,” in subparagraph (ii),

• (b) the substitution of “benefit, and” for “benefit.” in subparagraph (iii), and

• (c) the insertion of the following subparagraph after subparagraph (iii):

• “(iv) paternity benefit.”.

37. Amendment of Act of 2015

37. The Act of 2015 is amended—

• (a) in subsection (7) of section 41—

• (i) in paragraph (d), by the deletion of “and” after “been reduced,”,

• (ii) in paragraph (e), by the substitution of “the dispute, and” for “the dispute.”, and

• (iii) by the insertion of the following paragraph after paragraph (e):

• “(f) in the case of a dispute relating to the entitlement of an employee under the Paternity Leave and Benefit Act 2016, it has been referred to the Director General after the expiration of the period of 6 months beginning on—

  • (i) in the case of an employee to whom paragraph (a) of the definition of relevant parent within the meaning of that Act applies, the day of placement within the meaning of that Act or, in circumstances where no placement takes place, the date on which the employer receives the first notification of the relevant parent’s intention to take leave under that Act,

  • (ii) in the case of an employee to whom paragraph (b) of the definition of relevant parent within the meaning of that Act applies, the date on which the employer is informed that the expectant mother of the child concerned is pregnant, or

  • (iii) in the case of a surviving parent within the meaning of that Act, the date on which the employer is informed that the relevant adopting parent within the meaning of that Act or mother of the child, as the case may be, has died.”,

• (b) in Part 1 of Schedule 1, by the insertion of the following paragraph after paragraph 20:

“21. Paternity Leave and Benefit Act 2016 ”,

• (c) in Part 3 of Schedule 5, by the insertion of the following paragraph after paragraph 5:

“6. Parts 2 and 3 of the Paternity Leave and Benefit Act 2016 ”,

and

• (d) in Schedule 6—

• (i) in Part 1 (Acts of the Oireachtas), by the insertion of the following paragraph after paragraph 35:

“36. Section 28(1) of the Paternity Leave and Benefit Act 2016 ”,

and

• (ii) in Part 2 (Acts of the Oireachtas), by the insertion of the following paragraph after paragraph 35:

“36. Section 28(2) of the Paternity Leave and Benefit Act 2016 ”.