Under EU proposals last year, Ireland could soon be forced to readdress current legislation regarding paternity leave. Irish representatives at the council of the European Parliament along with a majority of other countries objected strongly.
Why? On the basis that employers could not afford such a change in the current economic climate.
The UK seem to be embracing the guidelines and plans are set to be introduced in April which will allow mothers to transfer any of their maternity leave to their partner. Currently this leave is unpaid but there has been much discussion regarding a proposed 10 month paid paternity leave.
So will Irish employers be forced to follow suit? Currently women are entitled to 26 weeks leave with benefit and an additional 16 weeks unpaid. Many employers do allow new dads unpaid or annual leave but there is absolutely no obligation on the employer. Some companies do allow ‘special leave’ when their child is born however this is on average 2 working days.
Culturally changes to paternity leave legislation have been met with mixed reactions. When Canadian law changed some time ago allowing lengthy periods of paid paternity leave, there was little or no uptake. Studies showed that socially it was still unacceptable for a man to stay at home even if it was financially the best solution for the couple. There was also the fear of being at a disadvantage when it came to returning to the workplace. This is in complete contrast with Scandinavian countries where it is viewed negatively if an employee refuses to take due leave. So how would it fit in with modern Irish society?
Officially no study has been done so far with regards to the kind of uptake to expect however it is estimated that it would cost €300m to implement here. Provisional numbers in the UK show that almost half of all working fathers plan to avail of the new legislation after April.
The Equality Authority has spoken out in favour of the move. They believe that legislation has not been kept up to date with the changing gender roles in modern Ireland. The Irish Small and Medium Enterprise Association pointed out however that if someone is on leave you must pay them while also paying for a replacement. At a time when small businesses can ill afford additional costs, this kind of proposal may bankrupt them. In Ireland it would be up to the legislators to decide if it would be the employer or the government to foot the bill for paternity benefit. There is worry that the additional financial implications of any changes may be the straw that breaks the back of small to medium enterprise in Ireland.
Changes to employment equality legislation have always been slow and historically met with significant fear and resistance however there may be no choice in that matter soon. Given the huge opposition the by the majority in the European Parliament, the issue is likely to be shelved for a little while but with our neighbours in the UK introducing benefits far beyond the EU recommendations it’s likely to become a familiar topic in the weeks to come.
An interesting post as always. I don't believe small companies should have to foot the bill. Employers and staff pay PRSI and now there's the Universal Social Charge. This is a social issue so perhaps it should come out of the PRSI/USC pot for companies of a certain size and subsidise larger companies. Just a thought.
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