Paternity leave in Ireland is a statutory entitlement that many employers treat as straightforward — until a WRC complaint arrives. This article sets out the five most common mistakes employers make with paternity leave in Ireland, from confusing it with parents' leave to failing to protect employee rights during absence Read more
Paternity leave in Ireland looks straightforward on paper. Two weeks off. A state benefit. Done. In practice, the number of employers who mishandle it — and end up with a Workplace Relations Commission complaint as a result — suggests the reality is considerably more complex. The Paternity Leave and Benefit Act 2016 introduced statutory paternity leave, and while uptake has grown steadily since, employer processes around it have not always kept pace. Here are the five mistakes we see most often — and why each one carries real risk.
Paternity leave in Ireland provides eligible employees with 2 weeks of statutory leave, to be taken within 26 weeks of a child’s birth or adoption placement. Employers must grant this leave on receipt of proper notice. The state pays Paternity Benefit (subject to PRSI contribution requirements) — the employer has no legal obligation to top up. Refusing the leave, penalising an employee for taking it, or mishandling the return to work can all trigger WRC claims.
This is the most common source of confusion, and it catches employers off guard on a regular basis. Paternity leave and parents’ leave are two entirely separate entitlements, governed by different legislation, with different notice requirements, different durations, and different benefit schemes.
Paternity leave is 2 weeks, must be taken within the first 26 weeks of birth or adoption placement, and is covered by the Paternity Leave and Benefit Act 2016. Parents’ leave, introduced under the Parent’s Leave and Benefit Act 2019, currently provides up to 9 weeks per parent and can be taken at any point up to the child’s second birthday — or within 2 years of an adoption placement.
When an employee approaches a manager and says they want to take leave for a new baby, the instinct is often to process it under whichever heading comes to mind first. Processing it incorrectly — applying the wrong notice requirements, the wrong duration rules, or the wrong documentation — creates an administrative trail that can complicate things considerably if a dispute follows.
In our experience advising employers across Ireland, many SMEs have no written policy that distinguishes between these leave types at all. A single, clearly drafted family leave policy removes this ambiguity entirely. Purpletree’s HR policies and procedures service covers exactly this, building policy frameworks that account for all statutory leave types and how they interact.
Not all paternity leave requests come from biological fathers. The Paternity Leave and Benefit Act 2016 defines a “relevant parent” more broadly than many employers realise. Paternity leave is available to the father of the child, but also to the spouse, civil partner, or cohabiting partner of the child’s mother. It applies equally in same-sex couple arrangements. It also applies in adoption cases, where the leave must be taken within 26 weeks of placement.
A situation we encounter frequently: an employer is uncertain whether a particular employee qualifies, delays processing the request while seeking clarity, and inadvertently creates a situation where the employee’s right to take leave within the statutory window is at risk. The WRC takes a dim view of delays that effectively frustrate a statutory entitlement, even where the employer’s intent was not to obstruct.
The answer is not to improvise eligibility assessments on a case-by-case basis. A clear policy — supported by prompt internal escalation when non-standard requests arise — protects both the employer and the employee. Purpletree’s employment advice service gives employers the real-time guidance to make these calls correctly and quickly.
This mistake runs in both directions. Some employers incorrectly assure employees that the company will pay their full salary during paternity leave — then face either a contractual dispute or a cost they had not budgeted for. Others incorrectly tell employees there is no pay available at all, when in fact a state benefit exists.
The legal position is this: employers have no statutory obligation to pay employees during paternity leave. The state pays Paternity Benefit through the Department of Social Protection, subject to the employee meeting PRSI contribution requirements. The employee applies for this directly through MyWelfare.ie. The employer’s obligation is to grant the leave — not to fund it.
Where it gets complicated: some employers choose to offer an occupational paternity pay scheme, topping up the state benefit to full salary or some agreed proportion. This is entirely at the employer’s discretion, but once it exists — even informally — it can become a contractual term or a custom and practice that is difficult to remove without following a proper process. An offhand promise made to one employee three years ago can create an expectation across the workforce.
Having this written into an employment contract or a clearly scoped policy is the only way to manage it cleanly. Purpletree’s employment contracts service ensures these terms are documented precisely — so there is no ambiguity about what is contractual and what is discretionary.
The law requires an employee to give at least 4 weeks’ written notice before taking paternity leave. The employer is also entitled to receive a document confirming the expected or actual date of birth, or the date of adoption placement. These are not optional formalities. They are the foundation of a compliant, manageable process.
The problem: most SMEs have no standardised process for receiving, acknowledging, or recording this notice. A text message to a line manager, a verbal mention in a team meeting, an email that sits in an inbox nobody checks — none of these constitute a robust paper trail if a dispute arises later about whether proper notice was given.
There is a secondary operational challenge that employers consistently underestimate. Once the notice is received and acknowledged, someone needs to plan for the absence. Who covers the role? Is there a handover? How does the leave interact with annual leave already approved? What if the expected date changes? These are not hypothetical questions — they are operational realities that, without a process, tend to be handled differently by different managers, creating inconsistency that the WRC can interpret as unequal treatment.
This is precisely the type of operational complexity that Purpletree’s HR Essentials service manages on behalf of employers. We handle the process infrastructure, not just the paperwork.
An employee on paternity leave continues to accrue annual leave. They retain the right to return to the exact same role they held before taking leave, under the same terms and conditions. Dismissing or penalising an employee — in any form — for taking paternity leave is a serious breach of employment rights and can form the basis of a WRC complaint under multiple heads of claim.
Where employers most commonly go wrong here is not through deliberate action, but through poorly timed decisions made while the employee is absent. A restructuring that removes the employee’s role. A performance review that proceeds without the employee’s knowledge. A roster change that the employee returns to find already implemented. These situations are particularly risky because the employer often has a legitimate business reason for the decision — but the timing and process create the appearance of retaliation or penalisation.
The WRC does not assess intent. It assesses process and outcome. An employer who makes a structural change while an employee is on protected leave, without a well-documented and clearly evidenced rationale, is in a difficult position regardless of what they intended. Check our WRC readiness checklist to see how your current processes stack up.
Paternity leave in Ireland is one of several overlapping family leave entitlements that Irish employers must manage — alongside maternity leave, parents’ leave, parental leave, and adoptive leave, each with its own legislative basis, timelines, and benefit structures. The cumulative complexity is significant, particularly for SMEs without dedicated HR support.
Purpletree works with employers across Ireland to build the policies, processes, and documentation frameworks that make family leave manageable. From drafting compliant employment contracts and leave policies to advising on specific employee requests and handling any disputes that arise, our team takes the guesswork out of an area where the cost of getting it wrong can be substantial.
Our employment advice service gives you direct access to specialist HR support whenever a leave request arrives that you are not sure how to handle. And our HR audit service can identify gaps in your existing family leave policies before they become a WRC issue.
Contact the Purpletree team to find out how we support employers across Dublin, Longford, and throughout Ireland with employment compliance.
No. Employers have no statutory obligation to pay during paternity leave. Paternity Benefit is a state payment, paid by the Department of Social Protection, subject to the employee meeting PRSI contribution requirements. Some employers choose to offer a contractual top-up through an occupational paternity pay scheme, but this is discretionary and should be clearly documented in the employment contract or company policy.
At least 4 weeks’ written notice is required under the Paternity Leave and Benefit Act 2016. The employee should also provide documentation confirming the expected or actual date of birth, or the date of adoption placement. Employers should have a clear process for receiving and acknowledging this notice to ensure there is a proper record.
No. Paternity leave is a statutory entitlement. An employer cannot refuse it where the employee meets the eligibility criteria and has given proper notice. Refusing to grant paternity leave, or penalising an employee for taking it, can result in a WRC complaint under the Paternity Leave and Benefit Act 2016 and potentially under the Employment Equality Acts.
Paternity leave is 2 weeks, must be taken within 26 weeks of birth or adoption placement, and is governed by the Paternity Leave and Benefit Act 2016. Parents’ leave is a separate entitlement of up to 9 weeks per parent, which can be taken at any point until the child turns 2 (or within 2 years of adoption placement), and is governed by the Parent’s Leave and Benefit Act 2019. Both carry corresponding state benefit payments, subject to PRSI eligibility. They cannot be combined into a single block of leave without clearly distinguishing which entitlement is being used.
Yes. Annual leave continues to accrue during paternity leave in the same way as if the employee were working. Employers must account for this when calculating an employee’s annual leave balance on return. Failing to do so is a breach of the Organisation of Working Time Act 1997 and can trigger a WRC complaint.
This article is for general informational purposes only and does not constitute legal advice. Employment law is complex and fact-specific. For advice on your specific situation, contact the Purpletree HR team directly.
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