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Parent’s Leave and Benefit Act 2019 (No. 35)Introductory TextActs Referred toPart 1 Preliminary and General (ss. 1-4)1. Short title and commencement2. Interpretation3. Voidance or modification of certain provisions in agreements4. ExpensesPart 2 Parent's Leave (ss. 5-16)5. Entitlement to parent's leave6. Notification to employer7. Allocation of parent's leave8. Commencement of parent's leave where relevant parent entitled to maternity leave9. Commencement of parent's leave where relevant parent entitled to adoptive leave under section 6(1) of Act of 199510. Commencement of parent's leave for a relevant parent entitled to paternity leave11. Commencement of parent's leave (early confinement)12. Commencement of parent's leave (change in day of placement or date of confinement)13. Postponement of parent's leave by employer14. Postponement of parent's leave in event of hospitalisation of child15. Entitlement to parent's leave on death of child16. Entitlement of employed surviving parent to leave on death of relevant parentPart 3 Employment protection (ss. 17-22)17. Interpretation (Part 3)18. Preservation or suspension of rights while on parent's leave19. Protection of employees from penalisation20. General right to return to work on expiration of parent's leave21. Postponement of return to work22. Provisions applying where employee not permitted to return to workPart 4 Resolution of disputes (ss. 23-25)23. Disputes regarding entitlements under Act24. Decision under section 41 or 44 of Act of 201525. Burden of proofPart 5 Parent's benefit (ss. 26-32)26. Amendment of section 21 of Act of 200527. Amendment of section 39 of Act of 200528. Amendment of section 58 of Act of 200529. Parent's benefit30. Amendment of section 238B of Act of 200531. Amendment of section 241 of Act of 200532. Amendment of section 248 of Act of 2005Part 6 Miscellaneous (ss. 33-38)33. Amendment of Schedule 3 to Redundancy Payments Act 196734. Amendment of section 6 of Act of 197735. Amendment of Act of 199436. Amendment of Act of 199537. Amendment of section 126 of Taxes Consolidation Act 199738. Amendment of Act of 2015
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AI Summary of 16. Entitlement of employed surviving parent to leave on death of relevant parent

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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 August 2024 - onwards
Version 5 of 5

16. Entitlement of employed surviving parent to leave on death of relevant parent

(1) Where a relevant parent who was an employee entitled to parent's leave in relation to a child dies on or before the expiration of the period of the entitlement concerned, an employee who is a surviving parent of the child shall be entitled to leave (in this section referred to as "transferred parent's leave") from his or her employment, to enable him or her to provide, or assist in the provision of, care to the child for a period of 9 weeks or, if applicable, such shorter period of parent's leave that remained to be taken by the relevant parent under this Part at the time of his or her death.

(2) A period of transferred parent's leave may comprise -

(a) a continuous period, or

(b) periods each consisting of not less than one week.

(3) Subject to subsection (4), a surviving parent who -

(a) is entitled under this Act to parent's leave and has not taken such leave, and

(b) becomes entitled to transferred parent's leave,

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