Frequently Asked Questions (Feb 14)
This month’s focus: Maternity Leave
The Maternity Protection Acts, 1994 and 2004 and associated regulations set out to provide specific rights for new and expectant parents of children. The legislation sets out to provide limited maternity leave in advance of the birth of a child, and more substantial leave following the birth of a child for the mother of that child. The laws also allow time off for the father of a child upon the death of the child’s mother during her period of maternity leave or additional maternity leave.
It is important to note that there is no entitlement to pay during maternity leave, and an Employee may be entitled to Maternity benefit, subject to meeting certain qualification criteria. However, an Employer may decide to provide payment for some or all of the period of leave, at their own discretion. As with any benefit, it is important that decisions made in relation to pay are consistent, and should be supported by an explicit policy or term in the contract of employment.
What rights do Pregnant Employees have?
The Maternity Protection Acts give a pregnant female Employee the right to:
All periods of probation, training and apprenticeship should be suspended during absence on leave and should resume on their return to work.
What notification does an Employee have to give her Employer when applying for Maternity Leave?
An Employee who wishes to take maternity leave must notify her Employer in writing of this:
The Maternity Protection Acts, 1994 and 2004 and associated regulations set out to provide specific rights for new and expectant parents of children. The legislation sets out to provide limited maternity leave in advance of the birth of a child, and more substantial leave following the birth of a child for the mother of that child. The laws also allow time off for the father of a child upon the death of the child’s mother during her period of maternity leave or additional maternity leave.
It is important to note that there is no entitlement to pay during maternity leave, and an Employee may be entitled to Maternity benefit, subject to meeting certain qualification criteria. However, an Employer may decide to provide payment for some or all of the period of leave, at their own discretion. As with any benefit, it is important that decisions made in relation to pay are consistent, and should be supported by an explicit policy or term in the contract of employment.
What rights do Pregnant Employees have?
The Maternity Protection Acts give a pregnant female Employee the right to:
- 26 weeks of maternity leave (Employees may be entitled to a social welfare payment or their Employer may continue to pay them);
- 16 weeks of additional maternity leave (unpaid);
- Time off for ante-natal and post-natal care;
- Time off for ante-natal classes;
- Health and safety leave;
- Father’s leave in the event of the death of the mother;
- Time off from work or reduction of working hours to allow for breastfeeding;
- Protection of certain Employment rights;
- Right to return to work after taking the leave;
- Protection against dismissal;
- Termination of additional maternity leave if the mother becomes ill;
- Postponement of maternity leave if the baby has to be hospitalised.
All periods of probation, training and apprenticeship should be suspended during absence on leave and should resume on their return to work.
What notification does an Employee have to give her Employer when applying for Maternity Leave?
An Employee who wishes to take maternity leave must notify her Employer in writing of this:
- As soon as reasonably practicable;
- Not later than 4 weeks before the beginning of maternity leave;
- By providing a medical certificate confirming the pregnancy and specifying the expected week that she is due to give birth.
- Not later than 4 weeks before the day on which her additional maternity leave is due to begin.
