WRC Reference: ADJ-00064133
Statutory Entitlement: Parent’s Leave
What Happened?
An employee made a request to avail of his statutory entitlement to Parent’s Leave. Following his request, he was advised that there might not be a role available for him when he returned to work, or that he could return to a less favourable position.
Although his leave was initially approved, this approval was subsequently withdrawn before later being reinstated.
When the employee returned to work following his Parent’s Leave, he experienced a number of changes to his role and working arrangements.
What Was the Dispute?
The employee brought a complaint to the Workplace Relations Commission (WRC), claiming that he had been discriminated against and penalised as a result of requesting and taking his statutory Parent’s Leave.
The Complainant Said:
Following his request for and return from Parent’s Leave, the employee experienced:
- Changes to his reporting lines and responsibilities.
- Uncertainty regarding his position and role within the organisation.
- Exclusion from workplace communications.
- An extension of his probation period.
- A final written warning.
- Being placed on a Performance Improvement Plan (PIP).
The employee argued that this treatment was connected to his decision to exercise his statutory entitlement to Parent’s Leave.
What Did the WRC Decide?
The WRC found that the treatment experienced by the employee was connected to his request for and use of statutory Parent’s Leave.
It concluded that the employee had been subjected to discrimination and penalisation as a result of exercising his statutory leave entitlement, and his complaint was successful.
Key Takeaways:
1. Employees Must Not Be Penalised for Taking Statutory Leave
– Employees have a legal entitlement to avail of Parent’s Leave where they meet the relevant requirements. Employers may only postpone Parent’s Leave once for up to 12 weeks where there are objective business reasons such as seasonal variations in the volume of work.
– Employers should ensure that employees are not treated less favourably because they request or take statutory leave.
– Decisions affecting an employee’s role, responsibilities or employment conditions should not be influenced by their use of a statutory entitlement.
2. Be Careful When Making Changes Following an Employee’s Return
– Employees are treated as being in employment while they are on Parent’s Leave (and all other types of statutory leave for parents). Employees are entitled to return to their job after parent’s leave.
– Changes to reporting lines, responsibilities, probation periods or performance management processes following statutory leave should be objectively justified.
– Employers should be particularly mindful of the timing of such decisions, as changes made shortly after an employee exercises a statutory right may create a risk of a discrimination or penalisation claim.
– Employees returning from leave should have clarity around their role and responsibilities.
3. Ensure Managers Understand Statutory Leave Entitlements
– Managers should understand employees’ rights in relation to Parent’s Leave and other forms of statutory leave.
– Leave requests should be handled consistently and in accordance with legislation and internal policies.
– Employers should ensure managers understand that discouraging employees from taking leave, withdrawing approved leave without appropriate grounds, or treating employees unfavourably because they have taken leave can expose the organisation to legal risk.
