Determining the distribution of rest periods

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Determining the distribution of rest time to the mother/father worker in the event of a lack of agreement between the parties

Description

The employer must allow mothers/fathers (if the latter is an employee and the mother is not, even a housewife), during the first year of the child's life, two periods of rest, which may also be cumulated during the day. The rest is only one when the daily working time is less than six hours.

The rest periods referred to in the preceding paragraph shall each be of one hour's duration and shall be regarded as working hours for the purposes of the duration and remuneration of work. The rest periods shall be doubled in the event of twins or multiple births and the adoption or fostering of at least two children, even if they are not siblings and may have entered the family on different dates. They entail the right of the mother and/or father to leave the company. The rest periods shall be of half an hour each, and in this case shall not entail the right to leave the company, when the worker wishes to use the nursing room or crèche set up by the employer on the employer's premises .

It being understood that the above-mentioned rest periods must ensure that the worker is able to provide direct care for the child, their distribution in working hours must be agreed with the employer, also taking into account the needs of the service. If no agreement is reached, the distribution of rest time will be determined by the Labour Service. No payment in lieu is allowed.

Who it's for

The application may be submitted by the mother worker or the father worker

What to do

Given the particular nature of the case and the absence of any circulars or ministerial provisions on the subject, it is suggested that you contact the Employment Service for information at 0461494030.

Costs

FREE

Additional information

Last modified: 10/06/2025 2:58 pm

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