Paternity Leave Act 2016
Paternity Leave Act 2016
The Paternity Leave and Benefit Act 2016 introduced statutory paternity leave of 2 weeks together with a new Paternity Benefit. The legislation allows new fathers to start the combined package of paternity leave and Paternity Benefit at any time within the first 6 months following birth or adoption of a child. The provisions apply to births and adoptions on or after 1 September 2016. You must notify your employer that you intend to take paternity leave and of your intended dates no later than 4 weeks before your leave. You must provide proof of the expected date of birth of your child.
Paternity Benefit
Paternity Benefit is a payment for employed and self-employed people who are on paternity leave from work and covered by social insurance (PRSI). It is paid for two weeks and is available for any child born or adopted on or after 1 September 2016. You can start paternity leave at any time within the first 6 months following the birth or adoption placement.
You should apply for the payment 4 weeks before you intend to go on paternity leave (12 weeks if you are self-employed).
If you are already on certain social welfare payments then you may get half-rate Paternity Benefit.
You can read detailed Frequently Asked Questions about Paternity Benefit on the Department of Social Protection’s website.
Appeals
You have the right to appeal the decision made on your Paternity Benefit claim. You can get detailed information about making an appeal from the Social Welfare Appeals Office.
Rules
You must notify your employer that you intend to take paternity leave and of your intended dates no later than 4 weeks before your leave. You must provide proof of the expected date of birth of your child. Generally, you will need to provide a certificate from your spouse or partner’s doctor confirming when your baby is due, or, confirmation of the actual date of birth if you are applying for leave after the birth.
You should apply for Paternity Benefit at least 4 weeks before the date you intend to start your paternity leave. If you are self-employed you should apply 12 weeks before. You must register for a Public Services Card (if you don’t already have one) and register with the mywelfare.ie service (see ‘How to apply’ below for details of how to do this).
You must also satisfy the PRSI contribution conditions.