Carer's Leave Eligibility
Dail Éireann — 2025-12-16
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Barry Ward (FG), Dún Laoghaire

At the outset, I totally accept the Minister of State's bona fides on this issue. I know of her track record on leave for carers and carers' rights. I have a copy of the reply she read. I am really disappointed by it because in no part of it is there any expression of compassion or regret for the fact that our system has failed this teacher. This teacher is being unduly penalised for the fact that she changed position. Of course, technically and to the letter of the law, the response is correct that she is not an employee of the Department but of the school. When she changed school, she was with a different employer and, therefore, the clock reset on her entitlement to carer's leave but, when she changed, she did not know her daughter's diagnosis was coming. What the law states is wrong and what the Act does is wrong. The restrictions placed on this woman and family are wrong. That is why I say we need to change the law.
The Minister of State quoted Circular 54/2019. I understand why that is there and that it is the interpretation, but it is not correct in terms of the scheme put in place by these Houses 25 years ago to provide for exactly this type of situation. It was to provide backup, succour and care for those people in that situation who are being failed by the application of the Act in this way. The Department is entitled to make the statement that it is not entitled to go beyond the scheme. It is probably legally correct to do so, and I say that as a lawyer who respects the law, but I also think we cannot allow bureaucracy to hold sway always. We must look at people in situations. That is what this House is about. It is about recognising the fact that people need support. This family needs support. They are not getting it from the State and that is why we need to change the law.
I am grateful for what the Minister of State said about bringing the message back to the Minister, but it is really important she understands that this has to change. It is absolutely not fair or sustainable. It is something this House can do. It is within the power of the Legislature to change this. Let us get on and change it. I would be grateful if the Minister of State could convey that to the Minister.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/dail/2025-12-16/debate/main
Retrieved: 2026-08-14T04:54:28+00:00
Sitting date: 2025-12-16