The publication of the Carers' Leave Bill in December 2000 – which provides carers with an entitlement to 65 weeks of leave, unpaid by the employer – is the second part of a package which also includes the Carers' Benefit scheme, which pays carers IEP 88.50 per week and was introduced in October 2000. The intention to introduce both the benefit (available to all carers, not just those in employment) and the relevant employment protection legislation was first announced in December 1999, as part of the government's budget for 2000. The scheme is relatively unusual for recent Irish labour legislation in that it does not originate in an EU Directive.
In December 2000, the Irish government published draft legislation allowing those caring for incapacitated relatives or friends to take 65 weeks' unpaid leave, complementing a recently introduced social welfare benefit for such carers.
The publication of the Carers' Leave Bill in December 2000 – which provides carers with an entitlement to 65 weeks of leave, unpaid by the employer – is the second part of a package which also includes the Carers' Benefit scheme, which pays carers IEP 88.50 per week and was introduced in October 2000. The intention to introduce both the benefit (available to all carers, not just those in employment) and the relevant employment protection legislation was first announced in December 1999, as part of the government's budget for 2000. The scheme is relatively unusual for recent Irish labour legislation in that it does not originate in an EU Directive.
The new leave is to be for the purpose of personally providing full-time care to a person who has been objectively assessed by social welfare officials as being in need of such care. The 65 weeks of leave may be taken in separate periods. Employees should provide six weeks' notice to their employer of their intention to avail of this leave, unless this is impractical (such as in the event of a sudden illness). Employees on leave are also under a duty to inform the employer of any change in the circumstances affecting their entitlement to the leave. For example, the leave terminates six weeks after the death of the person for whom the care was provided.
Carers' leave can be taken only by employees who have been employed continuously for 12 months by the employer from whom they are taking the leave. They are not allowed to take up other employment during the time they are on carers' leave. Carers are entitled to return to the same job they held immediately before taking the leave, unless this is not "reasonably practicable" for the employer – in which case the carer must be offered alternative work on terms and conditions which are not substantially less favourable.
Eurofound recommends citing this publication in the following way.
Eurofound (2001), Home carers to be given right to 65 weeks' leave, article.
