Carer's leave

Information

The Carer's Leave Act 2001 allows employees in Ireland to leave their employment temporarily to provide full-time care for someone in need of full-time care and attention. Since 24 March 2006 the minimum period of leave is 13 weeks and the maximum period is 104 weeks (was 65 weeks).

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. You may be eligible for Carer's Benefit if you have enough PRSI contributions. If you do not qualify for Carer's Benefit you may qualify for Carer's Allowance which is a means-tested payment. You can take carer's leave even if you do not qualify for either of these payments.

Rules

You must have worked for your employer for a continuous period of 12 months to be eligible to apply for carer's leave.

The person you are proposing to care for, must be deemed to be in need of full-time care and attention by a deciding officer of the Department of Social Protection. The decision by the Department is reached on the basis of information provided by the family doctor (GP) of the person whom you will be caring for. The person you propose to care for must be so disabled as to require:

• Continuous supervison 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.

Taking carer’s leave

You may apply to take carer's leave in one continuous period of 104 weeks or for a number of periods not exceeding a total of 104 weeks. If you do not take carer's leave in one continuous period, there must be a gap of at least 6 weeks between the periods of carer’s leave. You must give your employer at least 6 week's notice of your intention to take carer's leave - see 'How to apply' below.

Your employer may refuse (on reasonable grounds) to allow you take a period of carer's leave which is less than 13 weeks’ duration. Where your employer refuses this leave, he or she must specify in writing to you the grounds for refusing you this leave.

However, you and your employer may agree arrangements for carer's leave which are more favourable to you.

You may only be on carer's leave in respect of any one person in need of full-time care at any one time. An exception is where 2 people live together and both are in need of full-time care and attention. In this situation the total amount of carer's leave is 208 weeks (104 for each person being cared for). 

If your carer's leave to care for someone has terminated, you cannot commence another period of carer's leave to care for a different person until a period of 6 months has elapsed since the termination of the previous period of carer's leave.

You may not be dismissed for exercising your right to carer's leave.

Confirmation of carer's leave from employment

If you have successfully applied for carer's leave from employment, no less than 2 weeks before you intend to commence carer's leave, you and your employer must prepare and sign a document specifying or confirming this arrangement. The document must include some important information, for example, the date when you wish to commence carer's leave, the duration of your carer's leave, and the form in which your leave will be taken. You can find an example in our document, Carer's leave confirmation document. Your employer signs and retains this document and must give you a copy of it so you can have a record of this arrangement.

Working while on carer’s leave

You may work while you are on carer’s leave for up to 15 hours a week provided your income from employment or self-employment is less than a weekly income limit set by the Department of Social Protection (DSP). You should contact the Carer's Benefit Section of the DSP for details of the income limit - see 'Where to apply' below. Alternatively you may attend an educational or training course or take up voluntary work for a maximum of 15 hours a week.

Before you start work or training you should inform the Department of Social Protection.

Your social insurance (PRSI) record

If you are getting Carer's Benefit you will get credited social insurance contributions or credits. If you are on carer's leave but do not get Carer's Benefit, you are still entitled to get credits. You should get your employer complete the application form for carer's leave credits (pdf). This will make sure that your existing cover for social welfare is fully maintained.

Postponing, curtailing or terminating your carer's leave

The document you agree and sign with your employer confirming you will be taking carer's leave is flexible. This means that your arrangement to take carer's leave can be amended.  Even if your leave from employment has already commenced, provided that you and your employer agree, your carer’s leave (or part of it) may be postponed, curtailed or varied as to how it is taken. Then your confirmation of carer’s leave agreement can be amended and signed off by both of you again. Your employer should keep the original copy of the amended agreement and you must be given a copy of this amendment for your own records.

Further details about circumstances in which carer's leave may be terminated is available in More about this topic.

Returning to work

If you are on carer’s leave, you must give notice in writing to your employer 4 weeks before the date you will return to work, that you intend to return to work. As regards your employment conditions, generally you are to be treated as if you had been in work during your period of carer’s leave 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 are protected against being victimised for taking carer's leave or proposing to take it.

Unpaid leave from employment (outside of carer's leave)

If you wish to avail of unpaid leave from employment for less than the 13 week minimum set down by the Carer's Leave Act, it is possible to agree this with your employer. You and your employer must agree this in writing, clearly stating the date when you will commence this leave and when you will return from leave. You will need to get in touch with PRSI records section in the Department of Social Protection to ensure that your social insurance record is preserved during this leave - see 'Where to apply' below.

How to apply

The family doctor (GP) of the individual you propose to care for will need to complete part of the application form for Carer's Benefit (pdf) unless the individual is under 16 and Domiciliary Carer's Allowance is being paid for that person. Your employer will also need to fill in part of this form to confirm that you are an employee, giving details such as when you commenced employment.

The completed application form should then be forwarded to the Carer's Benefit Section at the Department of Social Protection. The Department will then make a decision on the advice of the family doctor as to whether or not this individual requires full-time care and attention. The Department will also assess any eligibility you may have regarding Carer's Benefit.

Not less than 6 weeks before you propose to take carer’s leave from employment, you must make a formal application to your employer for this leave. In exceptional or emergency situations where it is not reasonably practicable to give 6 weeks' notice, you should give notice as soon as it is reasonably possible. You must provide your application for carer's leave in writing to your employer stating:

• That you propose to take carer's leave under the Carer's Leave Act 2001 commencing on a specific date
• The way in which you intend to take this leave (that is, in one continuous block, or in a series of blocks over a period)
• That you have made an application to the Department of Social Protection for a decision by a deciding officer under the Act that the person in respect of whom you propose to avail of carer's leave in order to provide full-time care, requires this care

You can find a sample form in our document, Notice of intention to take carer's leave.

At least 2 weeks before your carer's leave is due to start you and your employer must sign the confirmation document - see 'Confirmation of carer's leave from employment' above.  

Disputes with your employer under the Carer's Leave Act 2001 should be referred to a Rights Commissioner using a Rights Commissioner complaint form (pdf) within 6 months of the dispute occurring. The Rights Commissioner may extend the time limit for up to a further 6 months, but only where there are exceptional circumstances which prevented the complaint being brought within the normal time limit. Disputes arising from the dismissal of an employee in relation to carer's leave are dealt with under the unfair dismissals legislation.

For information about your employment rights and the Carer’s Leave Act 2001 contact the Information Services of the National Employment Rights Authority. It has an explanatory booklet about the Carer's Leave Act 2001 (pdf).

For further information on Carer's Benefit, contact your local social welfare office or the Carer's Benefit Section of the Department of Social Protection.

If you are unhappy about a decision of a deciding officer regarding your application for carer's leave from employment, you can appeal this decision.

Where to apply