Dáil Éireann Debate, Wednesday - 8 July 2026
107. Deputy Ryan O'Meara asked the Minister for Education and Youth if a primary school teacher can amend their application for parental leave, following an error made on the application (details supplied); and if she will make a statement on the matter. [52134/26]
Amharc ar fhreagraI refer to your query regarding amending a primary school teacher's parental leave application retrospectively.
The Parental Leave Scheme for teachers is outlined in Circular 0054/2019 and Information Note TC/IN 0010/2023, and is regulated by the Parental Leave Act 1998, as amended.
The purpose of Parental Leave is to allow a teacher a period of unpaid leave to care for their child. A teacher is entitled to a maximum of 26 weeks Parental Leave in respect of each child up to the age of 16 years.
A teacher may avail of Parental Leave in blocks of at least one week up to the maximum of 26 weeks. 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.
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. Please note that under the terms of the Parental Leave Scheme, these are the only circumstances that allow an employer to grant a special pattern of Parental Leave.
The terms and conditions of teachers employed in State funded teaching posts are formulated at the Teachers Conciliation Council (TCC). The Teachers Conciliation Council (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, as detailed in my Department's Circular Letter 0054/2019, exists by virtue of a collective agreement at TCC, as provided for under the Parental Leave Act (as amended).
In relation to the case you have highlighted, Circular 54/2019, chapter 5, paragraph 6.2 states: “The employer in granting Parental Leave should, 4 weeks prior to the planned commencement date, prepare with the teacher the confirmation document at Appendix B. This document constitutes a legal agreement between the parties. A teacher may revoke the application at any point prior to the signing of the confirmation document by both parties.”
Once the confirmation document has been signed by both parties, it is not permissible to retrospectively amend or cancel an application for parental leave. In cases where the BOM has approved a parental leave application, the employer must record the leave to correspond with the dates on the original application".
