DPD Ireland – Carer’s Leave Policy
Under the Carer’s Leave Act 2001, employees are entitled to a maximum of 104 weeks leave in order to provide full-time care and attention to a person requiring it. The care recipient (called “a relevant person”) is defined as:
somebody who needs continuous supervision and frequent assistance throughout the day with their normal personal needs (e.g. help to eat, drink, wash) or needs continuous supervision in order to avoid danger to themselves.
The relevant person does not need to be a family member or spouse, but could be a friend or colleague.
Eligibility
All employees who have one year’s continuous service are eligible to apply for carer’s leave. The person you are proposing to care for (the relevant person) must be deemed to be in need of full-time care and attention by a Deciding Officer of the Department of Employment Affairs and Social Protection.
You must take the carer’s leave for the purpose of personally providing full-time care and attention to the person in need of such care, and must actually do so for the duration of the leave. Carer’s leave is unpaid, but an employee may be entitled to an allowance from the DEASP.
Conditions
The following conditions apply to taking carer’s leave.
One person only can be absent on carer’s leave for a specific care recipient at any time. Carer’s leave will not be granted to an employee if the care recipient is in receipt of full-time attention from someone else.
An employee is only entitled to leave for one care recipient at a time. However, on one occasion only an employee may commence leave in respect of a second relevant person, while already on leave in respect of another relevant person, but only where the two relevant persons reside together.
You must provide the HR manager with the decision of a Deciding Officer of the DEASP, stating that the person in respect of whom you propose to take carer’s leave is a relevant person.
You may engage in employment outside the home while on carer’s leave for up to 18.5 hours per week, provided your income from employment is less than a weekly income limit set by the DEASP. Alternatively, you may attend an educational or training course or take up voluntary or community work for up to 18.5 hours per week. You can also engage in limited self-employment in your home; again this is subject to an upper income limit set out by the DEASP. If you do engage in employment or attend a course, please ensure that you notify the HR manager with details.
You must notify the organisation of any change in circumstances that affects your entitlement to carer’s leave as soon as is reasonably practicable.
Employment Rights
During an absence on carer’s leave, an employee 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 relating to the employment shall be affected, except for the following:
Carer’s leave is unpaid. There is no right to remuneration or superannuation benefits for the duration of the leave.
The right to annual leave is restricted to the first 13 weeks only of the carer’s leave in respect of any one relevant person. Therefore, annual leave is only accrued for the first 13 weeks only.
The right to public holiday benefit is likewise restricted to the first 13 weeks only of the carer’s leave entitlement in respect of any one relevant person.
Absence from employment while on carer’s leave shall not be treated as part of any other leave to which the employee is entitled (e.g. sick leave, annual leave, maternity leave, parental leave or force majeure leave).
Notification
If you wish to take carer’s leave, you must apply, using the Carer’s Benefit claim form, to the Minister for Employment Affairs and Social Protection for a decision by a Deciding Officer ten weeks before intending to begin carer’s leave. This claim form should be completed by the employee, employer, the care recipient and the care recipient’s GP. A decision will be made by the Deciding Officer. If the leave is granted, a copy of the decision must be given to your manager/HR department before the leave can commence. In addition to applying to the DEASP, you must give written notification to your manager/HR department of your intention to take carer’s leave no later than six weeks before the date you intend to commence the carer’s leave.
In exceptional or emergency circumstances, this notice period may be waived and the organisation may accept notice as soon as is reasonably practicable.
To apply for Carer's Leave, you must fill out the required form in People HR. This can be found in the Logbook Section. Once the form is submitted, it will be sent to your Manager for approval.
Taking Carer’s Leave
The leave may be taken as a continuous block of 104 weeks or in a number of periods not exceeding a total of 104 weeks. If carer’s leave is not taken in one continuous period, there must be a gap of at least six weeks between any two periods of carer’s leave.
If carer’s leave for one relevant person has terminated, an employee cannot commence another period of carer’s leave to care for a different person until a period of six months has lapsed since the termination of the previous period of carer’s leave.
Postponement by the organisation
It is at the company’s discretion to allow periods of carer’s leave that are less than 13 weeks’ duration. The organisation may refuse, on reasonable grounds, to permit an employee to take a period of leave shorter than 13 weeks. These reasons will be provided to the employee in writing.
Confirmation of details
A confirmation document will be completed and signed by you and the HR department no later than two weeks prior to the proposed commencement date, confirming details of the leave, duration, manner in which leave will be taken, etc.
Termination of carer’s leave
Carer’s leave will terminate in the following circumstances:
on the date of termination of the period of carer’s leave as specified in the confirmation document;·
on a date agreed between employer and employee;
where the care recipient ceases to satisfy the conditions to be a relevant person;
where the employee ceases to satisfy the condition to be the provider of full-time care and attention;
on the date that the employer notifies the employee to return to work following a decision of a Deciding Officer or an Appeals Officer that the leave should end;
where the relevant person dies during the period of carer’s leave, the leave will terminate either six weeks after the date of death, or on the date of termination specified in the confirmation document, whichever is the earlier.
Return to work
You must confirm your intention of returning to work no less than four weeks before the date when you intend to return.
When carer’s leave ends, you will be entitled to return to your usual job, so far as it is reasonably practicable to do so. However, if this is not possible, you will be offered suitable alternative work, with terms and conditions no less favourable than those you held in the original job.
Record of carer’s leave
An employer must keep a record of carer’s leave taken by employees, specifying the period of employment for each employee and the dates and times of the leave taken. These records must be retained for eight years. Notices, or copies of notices, required by this Act shall be kept for a period of three years.
Abuse
If the company has reasonable grounds to believe that carer’s leave was not taken in accordance with this policy, it may instigate an investigation. If, following such an investigation, an employee is found abusing this leave, he or she may be subject to disciplinary action, up to and including dismissal.
Responsibilities
In order to support the implementation of this policy, the following responsibilities have been assigned:
the organisation determines if carer’s leave is approved;
each supervisor/manager is responsible for ensuring that this procedure is implemented as designed;
it is the responsibility of all employees to be aware of this policy and apply it appropriately;
employees availing of carer’s leave are responsible for the completion of all necessary forms and records and for complying with the regulations and procedures;
senior management and HR personnel will monitor the implementation of this policy and ensure consistency in its application;
the HR department will review, revise and adapt the carer’s leave policy in order to keep it consistent and in line with current legislation.
Complaints
You are protected against penalisation and unfair dismissal for claiming your rights under carers leave legislation.
Disputes about carers leave can be referred by the employee in writing to the Head of HR, patricia.lennon@dpd.ie.
P.O Doc No 2
Issue Date: 1st June 2022
Revision Date: 12th June 2024
Next Review Date: 15th January 2025
Documented by: Jess Lumley
Approved by: Mary Gaffey