Law gives same-sex couples emergency leave

People in same-sex partnerships will be entitled to emergency leave from work in the same way as heterosexual couples under new…

People in same-sex partnerships will be entitled to emergency leave from work in the same way as heterosexual couples under new parental leave legislation that comes into force today.

Minister for Justice Michael McDowell has announced that the Parental Leave (Amendment) Act 2006 has been signed into law.

He said the Act fulfils the Government's commitment in the Sustaining Progress Partnership Agreement to amend the existing parental leave legislation.

Minister for Justice Michael McDowell
Minister for Justice Michael McDowell

"This new legislation offers improved choice and flexibility to working parents in how they use their parental leave entitlement. The leave may now be taken in a broken format over a longer period of time. The upper age limit for an eligible child has been increased to eight years and to 16 years in the case of a child with a disability," Mr McDowell said.

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The Act also extends the existing force majeure leave (emergency leave) arrangements to include persons in a close relationship of domestic dependency, including same-sex couples.

"This is a very significant provision which takes account of the reality of many domestic relationships where in an emergency situation, arising from the illness or injury of a person who resides with the employee, one reasonably relies on the other to make arrangements for the provision of care," the Minister said.

The new law also enshrines an entitlement to allow people take 14 weeks' parental leave in separate blocks of a minimum of six continuous weeks, or more favourable terms with the agreement of the employer.

Parental leave can also be transferred from one parent to another where they work for the same company, with the employer's agreement.