The governing statute is the Parent's Leave and Benefit Act 2019, amended by the Family Leave and Miscellaneous Provisions Act 2021 and by ministerial order. Section 5(1) now grants 9 weeks to each relevant parent, following the Parent's Leave and Benefit Act 2019 (Extension of Periods of Leave) Order 2024 (S.I. No. 300 of 2024). The leave can be taken as one continuous block or in separate periods of at least one week, it cannot be transferred to the other parent save on a parent's death (section 16), and twins or children adopted together give one entitlement, not two. The consolidated wording is in the Law Reform Commission's revised text of the Parent's Leave and Benefit Act 2019.
Section 2(1) defines the relevant parent. For a birth it covers a parent of the child, the spouse, civil partner or cohabitant of a parent, and a parent of a donor-conceived child under section 5 of the Children and Family Relationships Act 2015. For an adoption it covers the qualifying adopter and that person's spouse, civil partner or cohabitant. Section 6 sets the procedure: written notice not later than six weeks before the leave is due to start, stating the start date and duration, with a copy of the pregnancy certificate, the birth certificate, the certificate of placement or the declaration of eligibility and suitability, depending on the case. One notice can list several periods (section 6(8)).
Under section 7(1), the leave must end by the child's second birthday or within two years of the day of placement, with extensions in section 7(3) where the notice period or a postponement gets in the way. During the leave every employment right except pay is preserved (section 18), penalisation is prohibited (section 19) and the employee returns to the same job (section 20). Disputes go to an adjudication officer of the Workplace Relations Commission, who can award up to nine weeks' remuneration (section 24).