By way of further update to last week’s article on the Parental Leave Regulations, the Regulations have now been published and will be formally known as the European Union (Parental Leave) Regulations 2013 (SI 81 of 2013).The publication of the Regulations clarifies the issue of the transferability of leave from one parent to another. The current Irish position is that unless both parents work for the same employer and the employer consents, leave cannot be transferred between parents.

By way of further update to last week’s article on the Parental Leave Regulations, the Regulations have now been published and will be formally known as the European Union (Parental Leave) Regulations 2013 (SI 81 of 2013).

The revised Framework Directive (Council Directive) 2010/18/EU provides that, whilst in principle leave is an individual right and should not be transferred between parents, Member States are allowed to make it transferable. In order to encourage a more equal take up of the leave between parents, one of the months is non-transferable.

Ireland however has chosen to maintain its position in relation to transferability of leave and the new Regulations provide that 14 of the 18 weeks may be transferred between parents but only where they work for the same employer. This provision is likely to be welcomed by employers as introducing a general transferability of leave would undoubtedly have caused logistical headaches for employers.

Employers should now review their parental leave policies and employee handbooks to ensure that the appropriate changes are made to reflect the new legislative position.