Statutory Employment Leave in Ireland

In Ireland, employees are entitled to various types of statutory leave under employment law. These statutory leaves help workers balance their professional responsibilities with personal and family needs, and many also function as a health and safety mechanism. Some leave types are paid or topped up by your employer, while for other leaves you may qualify for a State benefit or be entirely unpaid.

Below is an overview of the main statutory employment leave types available in Ireland, along with the legislation that governs each type of leave.

1. Annual Leave

In Ireland, all employees are entitled to paid time off from work. Full-time employees are entitled to four working weeks of paid annual leave per year.

For employees working on a part-time or irregular basis, the leave is accrued based on the number of hours worked. Annual leave is typically accrued on a pro-rata basis, depending on the amount of time worked during the year but the statutory entitlement cannot exceed four of the employee’s working weeks.

Carrying Over Leave: The employer is responsible for ensuring that employees take their annual leave entitlement within the leave year or, in exceptional circumstances, an employer might agree to allow a carry over of leave into the new year.

Employers may offer more than the statutory entitlement and this should be specified in their contract.

Legislation: The Organisation of Working Time Act 1997 governs annual leave entitlements.

2. Public Holidays

Ireland currently has ten statutory public holidays each year. Employees are entitled to a day off on these holidays or an alternative benefit if they work on a public holiday.

The statutory public holidays are:

New Year’s Day (1 January)
Imbolc (1 February or first Monday in February)
St. Patrick’s Day (17 March)
Easter Monday
May Day (First Monday in May)
June Bank Holiday (First Monday in June)
August Bank Holiday (First Monday in August)
October Bank Holiday (Last Monday in October)
Christmas Day (25 December)
St. Stephen’s Day (26 December)

Employees are entitled to either:

A paid day off

Or if the day is worked:

A paid day off within a month
An additional day of annual leave
An additional day’s pay

Legislation: The Organisation of Working Time Act 1997 also covers public holiday entitlements.

3. Statutory Sick Pay

Until recently, there was no entitlement to paid sick leave in Ireland but since 1 January 2023, employees who have been working for an employer for at least 13 weeks are entitled to statutory sick pay if they also provide a medical certificate written by a registered medical practitioner. to certify their illness.

You are entitled to:

Payment from the first day of illness for up to 5 days in a calendar year.

A rate of pay of 70% of your normal daily pay (excludes overtime and commission), up to a maximum of €110 a day.

Your employer may offer a more favourable arrangement but the entitlement to statutory sick pay may not apply if your employer has an occupational sick pay scheme which is more beneficial, overall, than the statutory scheme.

Legislation: The Sick Leave Act 2022 establishes the statutory sick leave entitlements.

4. Maternity Leave

A pregnant employee is entitled to statutory periods of leave around the time they are due to give birth. Employees are entitled to:

26 weeks of maternity leave
16 weeks of additional maternity leave, if requested.

There is no entitlement to pay from your employer, but it is likely that employees will be entitled to Maternity Benefit from the State, based on the employee’s PRSI contributions. Some employers may top-up the maternity benefit for some or all of the leave. The additional 16 weeks leave is unpaid.

Employees must take:

At least 2 weeks maternity leave before their baby is due
At least 4 weeks after the baby is born.

Employees continue to accrue annual leave and public holidays.

Notification requirements:

4 weeks of notice for the initial 26 weeks maternity leave along with a medical certificate confirming the expected due date
4 weeks of notice for the additional 16 weeks
4 weeks of notice to return to work

Legislation: The Maternity Protection Acts 1994 and 2004 govern maternity leave entitlements in Ireland.

5. Paternity Leave

Eligible fathers are entitled to two weeks of paternity leave following the birth or adoption of a child. This leave must be taken within 26 weeks of the birth or placement (for adoption).

There is no entitlement to pay from your employer but it is likely that you will be entitled to Paternity Benefit from the State, based on PRSI contributions. Some employers may top-up the paternity benefit for some or all of the leave.

Employees continue to accrue annual leave and public holidays.

Notification requirements:

4 weeks of notice to take leave

Legislation: The Paternity Leave and Benefit Act 2016 governs paternity leave entitlements.

6. Adoptive Leave

Employees who adopt a child are entitled to 24 weeks of paid adoptive leave. Adoptive leave may not be paid but you may be entitled to Adoptive Benefit, based on PRSI contributions. These 24 weeks start from the date the child is placed in your care.
Employees can also take up to 16 additional weeks’ unpaid adoptive leave but cannot claim Adoptive Benefit for these extra weeks.
Employees continue to accrue annual leave and public holidays.

Notification requirements:

4 weeks of notice for the initial 24 weeks maternity leave along with a medical certificate confirming the expected due date
4 weeks of notice for the additional 16 weeks
4 weeks of notice to return to work

Legislation: The Adoptive Leave Act 1995 governs adoptive leave entitlements in Ireland

7. Parental Leave

Parental leave is an unpaid leave which allows parents to take time off to care for a child until the child reaches their 12th birthday or their 16th birthday in cases of a child’s disability. Employees are entitled to 26 weeks of unpaid parental leave per child once they have reached 12 months service with their employer.

The leave can be taken as follows:

1 continuous period of 26 weeks
2 separate blocks of at least 6 weeks

However, an employer can allow the leave to be taken in smaller increments.

Employees continue to accrue annual leave and public holidays.

Notification requirements:

6 weeks of notice to take leave

Legislation: The Parental Leave Acts 1998 to 2019 govern parental leave.

8. Parent’s Leave

A further leave available to new parents is Parent’s Leave, not to be confused with Parental leave referred to in the previous section. Since August 2024, this benefit stands at 9 weeks of leave and while there is no entitlement to pay from your employer, it is likely that you will be entitled to Parent’s Benefit from the State, based on PRSI contributions. Some employers may top-up the benefit for some or all of the leave.

Employees continue to accrue annual leave and public holidays.

To take the leave, you must:

Take the leave within 104 weeks of the birth

Notification requirements:

6 weeks of notice to take leave

Legislation: Parent’s Leave and Benefit Act 2019 and Family Leave and Miscellaneous Provisions Act 2021

9. Carer's Leave

Employees who have 12 months continuous service are entitled to up to 104 weeks of unpaid leave to care for a family member with a serious illness. During carer’s leave, employees may be eligible for Carer’s Benefit from the government if they meet the required PRSI contribution criteria.

Points to remember:

The minimum period of carer’s leave you can take is 13 weeks.
There must be a gap of at least 6 weeks between each period of carer’s leave.

Employees continue to accrue annual leave and public holidays during the first 13 weeks of the leave only.

Notification requirements:

6 weeks of notice to take leave

Legislation: The Carer's Leave Act 2001 governs carer’s leave entitlements in Ireland.

10. Force Majeure Leave

Employees are entitled to three days of paid leave in a 12-month period in cases of emergency involving a close family member. This leave is typically used for situations such as an illness or accident affecting the employee's family member, where the employee must provide immediate care and their presence is indispensable.

Employees continue to accrue annual leave and public holidays.

Notification requirements: The employee must confirm that the leave has been taken on their return.

Legislation: The Parental Leave Acts 1998 to 2019 provide for force majeure leave entitlements.

11. Leave for Medical Care Purposes

This leave was introduced in 2023 and entitles an employee to 5 unpaid leave days if time off is needed for serious medical care, for ‘relevant persons’, including parents and children. The employer may request evidence of the medical issue. Access to this leave is a day one right and is not to be confused with force majeure leave, referred to in Section 10 of this blog, despite some similarities.

This entitlement allows you to:

Take 5 days leave in a 12-month period
The leave can be taken in single days

Employees continue to accrue annual leave and public holidays.

Notification requirements: Notification should be provided in advance if possible but otherwise as soon as possible.

Legislation: Work Life Balance and Miscellaneous Provisions Act 2023.

12. Leave for Jury Duty

Employees called for jury service are entitled to time off to attend court. While employees are not paid for jury service by the courts, they will be paid as normal by their employer.

Legislation: The Jury Service Act 1976 covers employee entitlements related to jury duty.

13. Domestic Violence Leave

Employees who are experiencing domestic violence are entitled to 5 days of paid domestic violence leave per year. This leave can be used for urgent matters such as seeking medical assistance, legal help, attending court hearings, or finding temporary accommodation.

Employees continue to accrue annual leave and public holidays.

Notification requirements: As advance notice is not always possible, an employee should notify their manager of their intention to take or remain on domestic violence or other leave for this purpose as soon as reasonably practicable.

Legislation: The Domestic Violence Leave Act 2022 establishes the statutory right to domestic violence leave.

Conclusion

Ireland’s statutory employment leave entitlements are designed to help employees manage their health, family obligations, and personal needs. From annual leave and public holidays to maternity, paternity, sick, carers', and domestic violence leave, these entitlements play a critical role in maintaining a healthy work-life balance.

Each leave type is protected by specific legislation, ensuring employees' rights are upheld, while also requiring employers to comply with regulations. For both employees and employers, understanding these entitlements is essential to ensure compliance with Irish employment law and foster a positive work environment.

Sources

1. Annual Leave