Maternity Leave
(updated June 2016)
Arrangements for maternity must be in accordance with the provisions of the Maternity Protection Acts 1994 & 2004 and associated regulations as issued.
Any female employee expecting a baby is entitled to a continuous period of 26 weeks maternity leave. An employee retains all of her employee rights, other than remuneration, during this 26-week period, including a full entitlement to annual leave and public holidays.
Once the pregnancy is confirmed the employee is required to advise the organisation in writing as soon as possible and at least 4 weeks before the commencement of her maternity leave. This notice must be accompanied by a Doctor’s Certificate confirming the pregnancy and stating the expected date of birthOf the 26-week period, at least 2 weeks must be taken before the expected week of confinement , and at least 4 weeks after the birth.
An employee may also take up to 16 weeks in additional maternity leave at the end of the 26-week period, if she so wishes. The employee should apply in writing for this leave at least 4 weeks before the statutory 26 maternity leave expires or before she commences on maternity leave. An employee retains all of her employee rights, other than remuneration, during the 26-week period, including the entitlement to annual leave and public holidays.
The Safety, Health & Welfare at Work Act 2005 and the Pregnancy Regulations, 2007 require an employer to assess any risk to the safety or health of a pregnant employee, an employee who is breastfeeding or an employee who has recently given birth. Employers are obliged to take preventative and protective measures to ensure the safety and health of such employees.
If there are specific risks to a pregnant Employee the Organisation must adjust the Employee’s working conditions, hours of work, or both, or provide the Employee with suitable alternative work.
If none of the above options are possible the Employee must be allowed to avail of Health and Safety Leave, which may continue up until the beginning of her Maternity Leave. An Organisation must pay an Employee their normal wages for the first 3 weeks of Health and Safety Leave, after which time Health and Safety Benefit may be applicable, subject to the Employee satisfying certain qualifying criteria.
If it is not feasible for the employer to do this, , the employee is entitled to avail of Health & Safety Leave. An employee who is granted Health & Safety leave must be paid her usual wage by her employer for the first 3 weeks days of her leaveafter which time may be entitled to Health and Safety Benefit subject to PRSI contributions.
Employees must provide the organisation with at least 4 weeks notice of their intention to return to work and planned date of return. When maternity leave ends, the employee will be entitled to return to her usual job so far as it is reasonably practical. However, if this is not possible the employee will be offered suitable alternative work, on no less terms and conditions of employment.
An employee who is on maternity leave is normally entitled to payment from the Department of Social Community and Family Affairs for the 26 weeks maternity leave, depending on meeting certain PRSI eligibility criteria. Social Welfare benefits are not payable during the optional additional 16 weeks maternity leave.
In the event of the death of the mother of newborn child, within 40 weeks following the date of birth, the father is entitled to avail of a period of father’s leave. The duration of such leave depends when the death of the mother occurred. Father’s leave is permitted up to the end of the 24th week after the birth of the child. Additional father’s leave is allowed for up to 16 weeks, from the end of the 24th week to the end of the 40th week after the birth of the child.
To get her full entitlement, it is a requirement that the employee provides a minimum of 4 weeks written notice of her intention to take maternity leave, and again 4 weeks written notice of her intention to take additional maternity leave.
Arrangements for maternity must be in accordance with the provisions of the Maternity Protection Acts 1994 & 2004 and associated regulations as issued.
Any female employee expecting a baby is entitled to a continuous period of 26 weeks maternity leave. An employee retains all of her employee rights, other than remuneration, during this 26-week period, including a full entitlement to annual leave and public holidays.
Once the pregnancy is confirmed the employee is required to advise the organisation in writing as soon as possible and at least 4 weeks before the commencement of her maternity leave. This notice must be accompanied by a Doctor’s Certificate confirming the pregnancy and stating the expected date of birthOf the 26-week period, at least 2 weeks must be taken before the expected week of confinement , and at least 4 weeks after the birth.
An employee may also take up to 16 weeks in additional maternity leave at the end of the 26-week period, if she so wishes. The employee should apply in writing for this leave at least 4 weeks before the statutory 26 maternity leave expires or before she commences on maternity leave. An employee retains all of her employee rights, other than remuneration, during the 26-week period, including the entitlement to annual leave and public holidays.
The Safety, Health & Welfare at Work Act 2005 and the Pregnancy Regulations, 2007 require an employer to assess any risk to the safety or health of a pregnant employee, an employee who is breastfeeding or an employee who has recently given birth. Employers are obliged to take preventative and protective measures to ensure the safety and health of such employees.
If there are specific risks to a pregnant Employee the Organisation must adjust the Employee’s working conditions, hours of work, or both, or provide the Employee with suitable alternative work.
If none of the above options are possible the Employee must be allowed to avail of Health and Safety Leave, which may continue up until the beginning of her Maternity Leave. An Organisation must pay an Employee their normal wages for the first 3 weeks of Health and Safety Leave, after which time Health and Safety Benefit may be applicable, subject to the Employee satisfying certain qualifying criteria.
If it is not feasible for the employer to do this, , the employee is entitled to avail of Health & Safety Leave. An employee who is granted Health & Safety leave must be paid her usual wage by her employer for the first 3 weeks days of her leaveafter which time may be entitled to Health and Safety Benefit subject to PRSI contributions.
Employees must provide the organisation with at least 4 weeks notice of their intention to return to work and planned date of return. When maternity leave ends, the employee will be entitled to return to her usual job so far as it is reasonably practical. However, if this is not possible the employee will be offered suitable alternative work, on no less terms and conditions of employment.
An employee who is on maternity leave is normally entitled to payment from the Department of Social Community and Family Affairs for the 26 weeks maternity leave, depending on meeting certain PRSI eligibility criteria. Social Welfare benefits are not payable during the optional additional 16 weeks maternity leave.
In the event of the death of the mother of newborn child, within 40 weeks following the date of birth, the father is entitled to avail of a period of father’s leave. The duration of such leave depends when the death of the mother occurred. Father’s leave is permitted up to the end of the 24th week after the birth of the child. Additional father’s leave is allowed for up to 16 weeks, from the end of the 24th week to the end of the 40th week after the birth of the child.
To get her full entitlement, it is a requirement that the employee provides a minimum of 4 weeks written notice of her intention to take maternity leave, and again 4 weeks written notice of her intention to take additional maternity leave.
