Dáil Éireann Debate, Tuesday - 10 February 2026
651. Deputy Michael Healy-Rae asked the Minister for Education and Youth the way in which teachers are able to exercise the flexibility envisaged under the EU Work-Life Balance Directive; whether any consideration will be given to issuing guidance to schools to allow parental leave to be flexibly taken where agreed (details supplied); and if she will make a statement on the matter. [10391/26]
Amharc ar fhreagraUnder Section 24 of the Education Act 1998, the Minister for Education and Youth, with the concurrence of the Minister for Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, is authorised to determine the terms and conditions of employment for teachers employed in approved teaching posts funded by monies provided by the Oireachtas. Such terms and conditions of employment are normally outlined by way of a Circular Letter, following detailed consultations and negotiations which takes place under the auspices of the Teacher Conciliation Council (TCC). The TCC forms part of the Scheme of Conciliation and Arbitration for Teachers, the purpose of which is to provide a forum for claims and proposals relating to the salary, and other terms & conditions of service for teachers. The Council is comprised of representatives from the Teacher Unions, the School Management Bodies, the Department of Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, and the Department of Education and Youth. The TCC is independently chaired by an official of the Workplace Relations Commission.
The Parental Leave Scheme for teachers is regulated by the Parental Leave Act 1998, as amended. Parental Leave is a period of statutory unpaid leave available to a teacher for the purpose of caring for their child.
Circular 0054/2019, Chapter 5 paragraph 4 states: -
4. Pattern of Parental Leave
4.1 A teacher may avail of Parental Leave in blocks of at least one week up to a maximum of 22 weeks (26 weeks from 1st September 2020). Please note each period of Parental Leave must be a minimum duration of 7 consecutive days including weekends, school closures and days on which a teacher is not timetabled for attendance occurring within that period.
4.2 Where a teacher applies for Parental Leave for 6 or more weeks, the minimum period which must be granted by the employer is 6 weeks, except in the cases of refusal and suspension/postponement of Parental Leave as outlined in paragraphs 8, 12 and 13 below.
Paragraph 5 states -
5. Special Pattern of Parental Leave in Exceptional Circumstances
5.1 In certain circumstances a teacher may avail of Parental Leave in the form of individual days where a child has particular medical problems that require the attendance of a parent with the child at a hospital, clinic, or therapeutic appointment on a regular basis.
5.2 In such circumstances, certification from the hospital or clinic in respect of the absence must be submitted to the employer and retained on the teacher’s personnel file.
The regulations on the right to request flexible working is set out in Part 2 of the [Work Life Balance and Miscellaneous Provisions Act 2023] and the duties and responsibilities set out in the [WRC’s Code of Practice] . The WRC has prepared the Code of Practice for Employers and Employees on the Right to Request Flexible Working and the Right to Request Remote Working, as required by Part 4, Section 31, of the Work Life Balance and Miscellaneous Provisions Act 2023. When preparing the Code, the WRC sought representations from trade unions and employer representative bodies and the Irish Human Rights and Equality Commission.
The Code provides practical guidance to employers, employees, and any other persons as to the steps that may be taken for complying with one or more provisions of Part 3 of Work Life Balance and Miscellaneous Provisions Act 2023 Act, which includes provisions regarding requests for remote working arrangements, and with Part IIA of the Parental Act 1998-2023, which includes provisions regarding requests for flexible working arrangements for caring purposes.
Flexible working is an arrangement where your normal working hours or pattern is adjusted, including through remote working, flexible schedules, or reduced hours.
Depending on the role or business, flexible working can take various forms.
|
Types of flexible working |
Description |
|
Part-time work |
Fewer hours than full-time employees. |
|
Term-time work |
Unpaid leave for a specific period, often during summer. |
|
Job-sharing |
Full-time role split between two employees who share duties and benefits proportionally. |
|
Flexitime |
Varying start and finish times outside core hours, meeting required work hours per week or month. |
|
Compressed working hours |
Full-time hours condensed into fewer days, for example a five-day week compressed into four days. |
|
Remote Working |
Working part or all of the week away from the employer's location, such as working from home. |
It is open to the Teacher Unions to raise any issues with the current agreed terms and conditions of the Parental Leave Scheme at TCC.
