Carer’s Leave FAQ’s
What is Carer’s Leave?
The Carer’s Leave Act, 2001 provides for a statutory right to carer’s leave for the purpose of providing full-time care and attention to a person requiring the care (a relevant person) provided that certain criteria are met.
Who is entitled to apply for carer’s leave?
An employee must show that the person they wish to care for is a relevant care recipient. The decision to grant the leave is made by a deciding officer from the Department of Employment Affairs and Social Protection (DEASP)
How is the relevant person defined?
A care recipient will be considered the relevant person if they need continual supervision and regular assistance in connection with normal bodily functions or they need continual supervision in order to avoid danger to themselves. The recipient must not already be receiving full-time care from another person. The nature and extent of the care recipient’s disability requires certification by a medical practitioner.
Does the relevant person need to be a family member?
The care recipient does not need to be a family member or spouse they could be a colleague or friend. If the carer is not living with the recipient, there must be a direct system of communication between both residences for example an alarm system or telephone.
Is there a service requirement to be eligible to apply for the leave?
An employee must have at least one year’s service to be eligible to apply for the leave.
What is the duration of the carer’s leave?
The Act provides for up to 104 weeks leave.
Can an employee take less than 104 weeks of the leave?
The leave can be broken into shorter periods adding up to 104 weeks however, six weeks must elapse between one period of leave terminating and the next period commencing.
Can the employee work or be in education whilst on carer’s leave?
An employee may work outside the home for up to 18.5 hours per week (previously 15 hours before 1 January 2020) with the approval of the DEASP. The current income limit is €332.50 per week, further details are available here.
An employer does not have to make part-time work available to the employee on carer's leave if this is not feasible. Employees may partake in educational or training courses or voluntary community work for a similar period of 18.5 hours per week (previously 15 hours before 1 January 2020). The employee may also engage in limited self - employment in their home. Employees must notify their employer if they take up employment with another organisation or embark on a course
Does the employer have to pay for the leave?
The leave is unpaid, there is no right to remuneration or superannuation benefits for the duration of the leave. An employee may be entitled to a benefit/allowance from the DEASP.
Is there a notice requirement for the leave?
A carer’s benefit claim form must be submitted to DEASP for the deciding officer to approve the leave in the first instance. Specific parts of the claim form must be completed by the employee, employer, the care recipient and their medical practitioner. An employee must also notify their employer in writing of their intention to take the leave no later than six weeks before the commencement date. This notification must include the intended start date of the leave, the manner in which the leave is to be taken and confirmation that an application has been sent to DEASP. The employee must also give the employer a copy of the DEASP’s decision to approve the leave. Is the employee required to give notice when returning to work? An employee must give notice in writing of their intention to return to work not less than four weeks before the date they intend to return.
Has the employer the right to refuse the carer’s leave?
The employer has no right to refuse the leave request, however they may refuse on reasonable grounds a request to take a period of leave shorter than 13 weeks. The employer must specify in writing the reasons for the refusal.
What rights does an employee have whilst on carer’s leave?
An employee will be regarded as remaining in employment during the period of the leave and retain their employment rights except the right to remuneration, superannuation benefits along with restrictions on annual leave and public holidays.
Does an employee accrue annual leave during carer’s leave?
The entitlement to accrue annual leave is restricted to the first 13 weeks of the carer’s leave.
Does an employee accrue public holidays during carer’s leave?
Employees retain their entitlement to benefit for public holidays which fall within the first 13 weeks of the carer’s leave
Can an employee apply for leave for a second relevant person?
Normally, an employee is only entitled to leave for one relevant person at a time. The exception to this is if the second relevant person lives with the care recipient whom the employee is currently on carers leave to care for. The total amount of leave when taken together cannot exceed 208 weeks.
Is there a time limit for applying for another period of carer’s leave?
An employee may apply for carer’s leave for another relevant person provided a period of six months has expired since the last period of leave for the previous relevant person.
How long must records of carers leave be stored?
An employer must keep a record of the carer’s leave taken by employees, specifying the period of employment of each employee and the dates and times of the leave taken, for a period of eight years.
Are fixed-term employees entitled to apply for carer’s leave?
Employees on fixed-term contracts are entitled to carer’s leave (subject to satisfying the service and notification requirements of the Act). However, if the contract is due to expire during a period of carer’s leave, the leave will expire on that day and there is no entitlement to return to work.