June 27, 2014 0

Maternity Leave Entitlement

In Ireland, The Maternity Protection Act 1994 and The Maternity Protection (Amendment) Act 2004, provide maternity leave and maternity leave entitlement.

A pregnant employee is entitled to a minimum of 26 consecutive weeks of Maternity Leave, there can be an additional 16 weeks of maternity leave, however this is unpaid and it must start directly after the end of the original maternity leave. Payment during Maternity Leave is usually provided through Maternity Benefit, funded through the Department of Social and Family Affairs. All female employees (including casual workers) are entitled to maternity leave and it is available irrespective of the number of weeks or hours service an employee has provided to her employer.

Certain Rules Apply to Maternity Leave

The employer is entitled to 4 weeks written notice of the employee’s intention to take maternity leave
A medical certificate which confirms the pregnancy must be provided to the employer
Written notice of additional unpaid leave must also be provided
At least 4 weeks written notice must be given to the employer of the intention to return to work.
Section 7 of the 2004 Act permits an employee to postpone her maternity leave in certain circumstances (for example if the baby is hospitalised during the leave period. the employer must be informed as soon as possible if the employee intends to postpone her leave.
Fathers are only entitled to maternity leave if the mother dies within 24 weeks of the birth, the entitlement will depend on the date of the mother’s death

Maternity leave must start no later than two weeks before the baby’s expected birth. The time spend on maternity leave is treated as full-time employment; therefore maternity leave can be used to accumulate annual leave or can be used to achieve the qualifying thresholds under the Unfair Dismissals Acts.

Payment of Wages

There is no entitlement to be paid during maternity leave; however there is an entitlement to social welfare payments of 80% of the employees reckonable earnings for the 26 weeks of maternity leave. Some employers will make payments to their employees during maternity leave but this will depend on the industry and the employment contract.

Medical Visits

Pregnant employees are entitled to be paid to reasonable time off for medical visits connected to the pregnancy; there is no specified maximum or minimum time for these visits, just as much time that is necessary to attend the visit. Medical evidence confirming the pregnancy and 2 weeks notice must be provided to the employer prior to the visits. Reasonable time off can also be availed of to attend antenatal classes.

Return to Work

An employee is entitled to return to work following maternity leave. The 1994 Act states that is it is not reasonably practicable to return an employee to her previous position, then suitable alternative work must be found. The alternative must not be on terms less favourable than those of her previous job.

Unfair Dismissals

All dismissals connected with pregnancy are deemed to be unfair and this includes employees made redundant during maternity leave and who are not offered suitable alternative employment.

Force Majeure Leave

Under the Parental Leave Act 1998 Parental Leave (Amendment) Act 2006 an employee is entitled to paid leave from his or hers employment for urgent family reasons owing to the injury or illness of a child. The entitlement is limited to circumstances where the immediate presence of the parent, at the place there the child is, is indispensible. Where an employee is absent on “Force Majure” leave, they are regarded as remaining in employment and retains their employment rights. Note that “Force Majure” leave cannot be treated as part of any other leave to which they are entitled. An employee is required to provide an employer with a written statement setting out the reasons for the absence as soon as reasonably practicable on their return to work. An employee may not be absent on “Force Majure” leave for more than 3 days in any 12 consecutive months or 5 days in any 36 consecutive months. Absence for only part of the day is counted as 1 full day.

Brian Scobie MIATI