The cut-off provisions in the new right to parental leave are almost certainly contradictory to European law.
Employment Relations Act 1999 introduced the new right of parental leave for children under five, but only if the child was born on or after 15 December 1999, the date when the provisions becomes effective. Children before then do not entitle the parent to statutory parental leave even if they are under five.
The European Court held that the Irish government implemented the directive improperly. The only difference between the UK and Irish position was that the cut-off date in Ireland is 3 December 1998. It still did not allow parental leave for children born before that date.
[2000]