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ARTICLE · 06 NOVEMBER 2017

Paternity Leave – Gender Pay Gap With A Difference

Mason Hayes & Curran LLP
Mason Hayes & Curran LLP
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Mason Hayes & Curran LLP

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In 2016, the Paternity Leave and Benefit Act 2016 (Act) came into force. The Act constituted a significant development in the area of employment rights

European UnionEmployment and HR
Melanie Crowley
Melanie Crowley
Avril Daly
Avril Daly
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In 2016, the Paternity Leave and Benefit Act 2016 (Act) came into force. The Act constituted a significant development in the area of employment rights with the introduction of two weeks' statutory leave for fathers and other relevant parents to care for their new-born child.

While paternity benefit is payable by the Department of Employment Affairs and Social Protection subject to sufficient PRSI contributions, employers are not obliged to pay employees during paternity leave.

This has resulted in widespread debate amongst employers as to whether topping up salaries during maternity leave but not during paternity leave could amount to discrimination on the ground of gender under the Employment Equality Acts 1998-2015.

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