CARER'S LEAVE ACT 2001

The Carer’s Leave Act, 2001 allows employees with 12 months continuous service or more to leave their employment temporarily for the purpose of personally providing full-time care to a person, who is objectively assessed by the Department of Social, Community & Family Affairs on the basis of information provided in a medical assessment. The person you propose to care for must be so disabled as to require:

· Continuous supervision and frequent assistance throughout the day in connection with their normal personal needs for example, help to eat, drink, wash or dress, or

· Continuous supervision in order to avoid danger to themselves

The person you will be caring for does not need to be a family member or spouse, but could be a friend or colleague.

Carer's leave from employment is unpaid but the Carer’s Leave Act ensures that those who propose to avail of carer's leave will have their jobs kept open for them for the duration of the leave. Employees may be entitled to Carer’s Benefit or Carer’s Allowance from the Department of Social, Community and Family Affairs while taking this leave.

The leave period is a maximum of 65 weeks in respect of any one relevant person. The 65 weeks leave may be taken as a continuous period, or in separate unit periods. The minimum statutory entitlement to carer's leave is 13 weeks. If you apply for a period of carer's leave which is less than 13 weeks’ duration, your employer may refuse (on reasonable grounds) to allow you to take less than 13 weeks' carer's leave. Where your employer refuses this leave, he or she must specify in writing to you the grounds for refusing you this leave.

At any one time, not more than one employee may take Carer’s Leave in respect of the same care recipient. An exception is where 2 people live together and both are in need of full-time care and attention.

Carer’s Leave does not affect employment rights except that you are not entitled to pay. You are only entitled to annual leave and public holidays in respect of the first 13 weeks of carer’s leave. You may not be dismissed for exercising your right to carer's leave and you are protected against being victimised for taking carer's leave or proposing to take it.

If you would like further information please contact catriona@brophysolicitors.ie

Catriona Sharkey 

Brophy Solicitors