Adopted in June 1996, the EU Directive on parental leave (96/34/EC [1]) was the first to emerge from the procedure created by the social policy Protocol and Agreement [2] annexed to the Maastricht Treaty, whereby the European-level social partners may directly negotiate agreements which can then be implemented by the EU Council of Ministers (TN9801201S [3]). The Directive left many specific issues for each Member State to decide on when implementing national transposition legislation (by 3 June 1998). The Irish Government's response, the Parental Leave Bill 1998 was published in early June and will come into effect by 3 December. The key points are as follows.[1] http://europa.eu.int/comm/sg/scadplus/leg/en/cha/c10911.htm[2] http://www.europa.eu.int/abc/obj/treaties/en/entr8i.htm[3] www.eurofound.europa.eu/ef/observatories/eurwork/erm/comparative-information/the-eu-parental-leave-agreement-and-directive-implications-for-national-law-and-practice
Legislation aimed at giving effect in Ireland to the EU parental leave Directive was published in early June 1998 in the form of the Parental Leave Bill, and is set to come into force in December.
Adopted in June 1996, the EU Directive on parental leave (96/34/EC) was the first to emerge from the procedure created by the social policy Protocol and Agreement annexed to the Maastricht Treaty, whereby the European-level social partners may directly negotiate agreements which can then be implemented by the EU Council of Ministers (TN9801201S). The Directive left many specific issues for each Member State to decide on when implementing national transposition legislation (by 3 June 1998). The Irish Government's response, the Parental Leave Bill 1998 was published in early June and will come into effect by 3 December. The key points are as follows.
The Directive provides for a period of at least three months' leave while the Irish Government's Bill provides for 14 working weeks - just above the minimum requirement.
The Directive leaves the issue of payment for the period of leave open for Member States to decide, and the Irish legislation allows for unpaid leave only.
While the Directive allows for a maximum age limit of eight years for the children in respect of whom parental leave may be taken, the Irish Bill provides for leave only to look after children of up to five years of age. However, this will apply retrospectively to children born on or after 3 June 1996.
The legislation sets the qualifying period of service before a parent can apply for leave at one year, the same period allowed for under the Directive. However, the Bill will provide for employees who have not served a year before their child reaches the age threshold, but who have completed three months before their child goes over the threshold, to be entitled to parental leave of one week for every month they have been in continuous employment with their employer at the time the leave begins.
Force majeureleave - for urgent family reasons - is also provided for. This leave is to be paid but may not last more than three days in any period of 12 consecutive months, or five days in any period of 36 consecutive months.
The Irish Congress of Trade Unions (ICTU) has criticised the lack of provision for paid leave and the child's age restriction. Meanwhile, the Irish Business and Employers Confederation (IBEC) gave the Bill a "qualified welcome" but was concerned that the provision for urgent family leave could have serious cost implications for employers.
Eurofound priporoča, da to publikacijo navedete na naslednji način.
Eurofound (1998), Bill to implement parental leave Directive, article.
