Paternity Leave in Ireland: Complete Guide for Employers & Employees

What is paternity leave?

Paternity leave gives new parents 2 weeks off work. You can take time off if you are employed or self-employed and can start the leave any time in the first 6 months after the baby’s birth. You can also take paternity leave when you adopt a child.

Usually, fathers take paternity leave. Paternity leave is also available to same-sex couples.

Your employer does not have to pay you during paternity leave, but you may qualify for Paternity Benefit.

Who counts as a “relevant parent”?

Under Irish law, a “relevant parent” is one of the following:

In the case of a birth:

• The father of the child
• The spouse, civil partner, or cohabiting partner of the child’s mother

Is paternity leave available for adoption, same-sex couples, and donor-conceived children?

Yes. In Ireland, paternity leave is available for adoption, same-sex couples, and donor-conceived children, provided the employee meets the definition of a “relevant parent” under the law.

Here’s how it works in each case:

Adoption

• For an adopted child, the relevant parent is the parent who is not the qualifying adopter for adoptive leave. This means one of you can take adoption leave and the other paternity leave. If you are adopting alone you can take paternity leave if you are not taking adoptive leave.

Same-sex couples

• Paternity leave is gender-neutral and applies equally to same-sex couples.
• In a female same-sex couple, the non-birth parent (spouse, civil partner, or cohabiting partner of the birth mother) is a relevant parent.
• In a male same-sex couple adopting a child, the partner not taking adoptive leave qualifies.
• The law focuses on parental role and legal relationship, not gender.

Donor-conceived children

• Paternity leave can apply to donor-conceived children.
• The spouse, civil partner, or cohabiting partner of the birth mother is treated as the relevant parent, even if they are not the biological parent.
• Biological connection is not required for entitlement.

How much paternity leave are fathers entitled to in Ireland?

In Ireland, fathers (and other qualifying parents) are entitled to 2 weeks of paternity leave.

Key details

• The entitlement is 2 consecutive weeks (it cannot be split).
• The leave must be taken within 26 weeks of the child’s birth or placement for adoption.
• It applies from day one of employment — there is no minimum service requirement.
• The leave is unpaid by the employer, but eligible employees can claim Paternity Benefit from the Department of Social Protection.

Can paternity leave be taken flexibly or split into separate weeks?

No. In Ireland, paternity leave cannot be taken flexibly or split.

How paternity leave must be taken

• It is a single block of 2 consecutive weeks.
• The two weeks must be taken together, not as separate weeks or individual days.
• It must be taken within 26 weeks of the child’s birth or placement for adoption.

What employers should know

• Employers cannot require an employee to split or delay the leave.
• Employers may agree additional flexibility (for example, allowing annual leave before or after), but this is outside the statutory entitlement.

When can paternity leave be taken, and what are the timing rules?

You can choose to take paternity leave at any time in the 26 weeks after the birth or adoption. You need to give your employer notice that you want to take paternity leave and specify the dates you plan to take. You must do this in writing at least 4 weeks before your leave.

You must provide a certificate from your partner’s doctor stating when your baby is due, or stating the baby’s actual date of birth if you apply for leave after the birth.

If you are adopting, you must provide a certificate of placement showing the date when the child was placed with you.

What happens if the baby is hospitalised or the due date changes?

In Ireland, the law allows some flexibility around paternity leave if circumstances change.

• If the baby is hospitalised, paternity leave can be postponed and taken later, once the baby comes home. However, it must still be taken within 26 weeks of the birth.

• If the due date changes or the baby is born earlier or later than expected, paternity leave is simply taken based on the actual date of birth, not the expected due date.

• The entitlement remains two consecutive weeks, and it still cannot be split.

How do employees apply for paternity leave from their employer?

Applying for paternity leave:

• You should apply to your employer in writing at least 4 weeks before taking your paternity leave. You must provide one of the following:
• A doctor’s certificate stating when your baby is due
• Confirmation of the actual date of birth, if you are applying for leave after the birth
• A letter confirming the date of the child’s placement, if you are adopting a child

Applying for Paternity Benefit:

• You should apply for Paternity Benefit at least 4 weeks before the date you intend to start your paternity leave. If you are self-employed, you should apply 12 weeks before. You can apply for Paternity Benefit online at mywelfare.ie.

What documents do employers need for paternity leave requests?

In Ireland, employers can request limited, basic documentation to support a paternity leave request. The aim is confirmation, not detailed proof.

Documents employers can ask for:

Employers may request one or more of the following:

• Written notice of paternity leave
  • Confirming the start date and duration (2 consecutive weeks)
  • Usually required at least 4 weeks in advance, where practicable
• Confirmation of the child’s birth or adoption, such as:
  • A birth certificate (once available), or
  • A doctor’s letter confirming the expected due date (before the birth), or
  • An adoption placement certificate (for adoption cases)
• Evidence needed for Paternity Benefit (if relevant)
  • Employers may be asked to complete forms or confirm employment details so the employee can claim Paternity Benefit from the Department of Social Protection

Is paternity leave paid by the employer or the government?

In Ireland, paternity leave is paid by the government, not the employer.

How payment works:

• Paternity leave itself is unpaid by the employer.
• Eligible employees can claim Paternity Benefit from the Department of Social Protection.
• The benefit is paid at a fixed weekly rate set by the State (subject to PRSI contribution conditions).

Employer obligations:

• Employers must allow the leave if the employee qualifies and gives proper notice.
• Employers are not required to top up pay, unless a company policy or contract provides for this.
• Employers may need to confirm employment details to support the employee’s benefit claim.

How much is Paternity Benefit, and how is it taxed?

Employees on paternity leave can receive about €299 per week for two weeks from the State, and it is taxable income (but doesn’t attract USC or PRSI)

When should employees apply for Paternity Benefit, and what do they need?

When to Apply:

• Employees should apply for Paternity Benefit at least 4 weeks before the date they intend to start their 2 weeks of paternity leave. 

• Self-employed applicants should apply at least 12 weeks before their intended leave start date. 

• The benefit must still be claimed within 26 weeks of the child’s birth or placement in the case of adoption

What Employees Need to Submit:

To successfully apply, employees must provide:

• Paternity Benefit application form (PB1), completed by the employee. 
• A certification form (PB2) from the employer confirming entitlement to paternity leave for the specified dates. 
• Certificate of expected due date or birth
  • A doctor’s certificate showing the expected due date, or
  • Confirmation of the actual date of birth if applying after the birth. 

Applications can be made online via MyWelfare (quickest method) using a verified MyGovID account, or by post/email with the required forms. 

Apply for paternity leave vs apply for Paternity Benefit: what’s the difference?

1. Applying for Paternity Leave:

This is internal to the employer.

• The employee notifies their employer that they want to take their 2 weeks of statutory paternity leave.
• Focuses on time off work, ensuring the employee’s job is protected.
• Employer needs notice in writing (ideally at least 4 weeks before leave starts).
• The employer does not pay the benefit, they are only granting leave.

1. Applying for Paternity Benefit:

• This is external, from the Department of Social Protection (the government).
• The employee claims the financial payment they are entitled to during the leave.
• Requires PB1 (application form) and PB2 (employer confirmation), plus proof of birth or expected due date.
• The State pays the benefit, not the employer.

What is the PB2 form, and when do employers complete it?

What is the PB2 Form?

• The PB2 form is the Employer’s Certificate for Paternity Benefit in Ireland.
• It confirms the employee’s eligibility for paternity leave, the dates of leave, and their employment details.
• It is required by the Department of Social Protection so the employee can receive Paternity Benefit during their statutory leave.

When Employers Complete the PB2 Form

• Employers complete the PB2 after the employee gives notice of their intended paternity leave.
• The form must be accurate and reflect the agreed dates of the 2-week paternity leave.
• Employers submit or sign it to certify:
  • The employee is entitled to take paternity leave
  • The leave dates requested are correct
  • The employee’s employment status and earnings (for Paternity Benefit calculation)

Key Points for Employers

• Employers cannot refuse to complete PB2 if the employee is eligible and has given proper notice.
• PB2 is not a request for leave, it’s simply a verification for the government benefit.
• Employers may need to provide pay details or employment dates to the Department of Social Protection.

Employer compliance: records, protections, and “do not penalise” rules

1. Records Employers Must Keep:

• Written notice from the employee requesting paternity leave
• PB2 forms confirming eligibility and dates
• Leave dates taken (for internal HR tracking and statutory compliance)
• Optional: copies of birth/adoption proof, if submitted by the employee
• Retention: Keep records confidential and in line with data protection requirements

2. Job Protections:

• Employees on statutory paternity leave are entitled to return to the same job after leave, or if that’s not possible, to a suitable alternative with no loss of pay or conditions.
• Employers cannot treat paternity leave as a negative factor in promotions, pay increases, or disciplinary matters.

3. “Do Not Penalise” Rules:

• Employees cannot be penalised for:
  • Taking statutory paternity leave
  • Applying for Paternity Benefit
  • Refusing to work during paternity leave
• This includes any adverse action such as dismissal, demotion, reduction in hours, or withholding benefits.
• These protections are statutory, and violations can lead to employment complaints or legal claims.

4. Key Takeaways for Employers:

• Accept proper notice and allow the leave.
• Complete PB2 promptly to allow the employee to claim benefit.
• Keep accurate records of leave dates and documentation.
• Ensure the employee’s job and conditions are fully protected.
• Do not penalise the employee in any way for taking leave.

What should employers do if there’s a dispute about paternity leave?

Here’s a clear, practical guide for employers on handling disputes about paternity leave in Ireland:

1. Check statutory rights first:

• Statutory paternity leave is 2 consecutive weeks, taken within 26 weeks of birth or adoption, for eligible relevant parents.
• Employees have the right to return to the same job and cannot be penalised for taking leave.
• Any dispute should be assessed against the Paternity Leave and Benefit Act 2016 and associated regulations.

2. Communicate clearly and factually:

• Request written notice of leave and intended dates.
• Ask only for necessary documentation, such as proof of birth/adoption or PB2 form.
• Keep discussions neutral, professional, and fact-based. Avoid assumptions about motives or eligibility.

3. Review eligibility and notice:

• Confirm the employee meets relevant parent criteria.
• Ensure the notice meets the statutory requirement (usually 4 weeks before leave, where practicable).
• Verify that PB2 forms or other supporting documentation are completed correctly.

4. Seek a reasonable solution:

• If the dispute is about timing or scheduling, explore adjustments within the statutory window.
• Avoid denying leave unless there is a clear legal basis.
• For eligibility disputes (e.g., same-sex or adoption cases), review statutory definitions carefully.

5. Document everything:

• Keep records of communications, forms, and decisions.
• Record reasoning behind decisions about leave timing or eligibility.
• Maintain confidentiality at all times.

6. Escalate if necessary:

• Use internal grievance or HR procedures if the dispute can’t be resolved.

Frequently asked scenarios employers run into

The following is a structured list of frequently encountered paternity leave scenarios for employers in Ireland, with practical guidance on handling each situation.

1. Early or late birth

• Scenario: Baby is born earlier or later than the expected due date.
• Action: Leave entitlement starts from the actual date of birth, and the employee can still take 2 consecutive weeks within 26 weeks. Short notice is allowed if the birth is early.

2. Adoption requests

• Scenario: Employee requests paternity leave for an adoption placement.
• Action: Verify the employee is the non-adopting parent or relevant partner. Leave must be taken within 26 weeks of placement, and PB2 must be completed for Paternity Benefit.

3. Same-sex couples

• Scenario: Non-birth or non-adopting parent requests leave.
• Action: Treat the employee the same as any other eligible parent. Gender or sexual orientation cannot affect eligibility.

4. Employee wants to split leave

• Scenario: Employee asks to take leave in separate weeks.
• Action: Statutory paternity leave must be taken as 2 consecutive weeks. Any additional flexibility must be arranged through annual leave, not statutory leave.

5. Baby hospitalised

• Scenario: The newborn requires hospital care after birth.
• Action: Leave can be postponed, but must be taken within 26 weeks of birth once the baby is home.

6. PB2 form not submitted promptly

• Scenario: Employee delays giving the PB2 form.
• Action: Encourage completion; provide employment confirmation. Leave cannot be denied because the form is delayed.

7. Part-time or irregular hours:

• Scenario: Employee works part-time or variable hours.
• Action: Leave is still 2 consecutive weeks; schedule according to normal working hours. Paternity Benefit is calculated by the State.

8. Employer disputes leave timing:

• Scenario: Employer tries to refuse or reschedule leave.
• Action: Check eligibility and statutory rights, document communications, and use HR/grievance processes if needed. Employees can go to the Workplace Relations Commission (WRC) if rights are violated.

Key takeaways for employees and employers

For Employees:

• Entitlement: Statutory paternity leave is 2 consecutive weeks within 26 weeks of birth or adoption.
• Relevant parent: Applies to fathers, spouses, civil partners, cohabiting partners, and the non-adopting parent.
• Notice: Give written notice ideally 4 weeks in advance (shorter notice is allowed for early births).
• Payment: Paternity leave is unpaid by the employer, but employees can claim Paternity Benefit from the Department of Social Protection.
• Documentation: Submit PB1 form, PB2 employer certification, and proof of birth or adoption.

For Employers:

• Compliance: Grant statutory leave, complete PB2 forms, and protect the employee’s job and conditions.
• Do not penalise: Employees cannot be treated negatively for taking paternity leave.
• Records: Keep notice, leave dates, PB2 forms, and supporting documentation confidential and up to date.
• Dispute handling: Review eligibility, communicate clearly, document decisions, and escalate only if necessary.