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Irish Maternity Leave |
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If you become pregnant while in employment in Ireland, you are entitled
to take maternity leave for a basic period of 18 weeks. At present, at
least two weeks have to be taken before the end of the week of your
baby's expected birth and at least four weeks after. You can decide
how you would like to take the remaining twelve weeks. Generally,
employees take four weeks before the birth and 14 weeks after.
The Maternity Protection (Amendment) Act 2004 came into effect on the
18th October, 2004. This law removed the compulsory requirement that
women must take four weeks maternity leave prior to the birth. You may
now work up to two weeks before the child's birth, if you so choose.
The entitlement to maternity leave from employment extends to all
female employees in Ireland (including casual workers), regardless
of how long you have been working for the organisation or the number
of hours worked per week.
Payment during maternity leave is normally provided through Maternity
Benefit, which is a Department of Social and Family Affairs payment.
Some employment contracts allow for additional payment rights during
the leave period, for example, that the employee will receive full pay,
less the amount of Maternity Benefit payable.
Additional Maternity Leave
You are also entitled to take up to a further eight weeks' maternity leave,
but this period is not covered by maternity benefit, nor is your employer
obliged, unless otherwise agreed, to make any payment during this period.
Public holidays and annual leave
You are entitled to leave for any public holidays that occur during your
basic period of maternity leave (i.e., during the basic 18 week period).
(You are not entitled to leave for any public holidays that occur during
additional maternity leave; i.e., the 8 weeks following the basic 18 weeks
period). The right of employees to leave for public holidays is set down
in Section 21 of the Organisation of Working Time Act, 1997.
Maternity Leave and annual leave
Time spent on maternity leave (but not additional maternity leave) is
treated as though you have been in employment and this time can be used
to accumulate annual leave entitlement. Read more about annual leave and
public holidays here.
Stillbirths and miscarriages
If you have a stillbirth or miscarriage any time after the 24th week of
pregnancy, you are entitled to full maternity leave. This means a basic
period of 18 weeks and also 8 weeks additional leave. If you have satisfied
the PRSI requirements, Maternity Benefit is payable for the 18 weeks of the
basic maternity leave.
To apply for Maternity Benefit following a stillbirth, you need to send a
letter from your doctor with the Maternity Benefit application form,
confirming the expected date of birth, the actual date of birth and the
number of weeks of pregnancy.
Postponing maternity leave
Section 7 of the Maternity Protection (Amendment) Act 2004 provides for
postponement of maternity leave in strict circumstances. (That is, if
your baby is hospitalised). This right to postpone leave applies whether
you are on maternity leave, or on additional unpaid maternity leave. The
maximum amount of time the leave can be postponed for, is six months.
Note, your employer has the right to refuse your application to postpone
your maternity leave.
You may only request that your maternity leave be postponed once you have
taken at least 14 weeks maternity leave, 4 of which must have been taken
after the birth. (This provision does not apply to fathers who are on
maternity leave).
If you postpone your maternity leave and return to work, then you may
take your leave in one block, not later than 7 days after the child has
been discharged from hospital. Your employer may request a letter from
the hospital confirming the child has been hospitalised and following
discharge, a letter confirming the date of discharge.
If you postpone your maternity leave and return to employment, you need
to notify the Department of Social and Family Affairs of this. You must
notify them in writing that your child has been hospitalised and you have
returned to employment. A letter from your family doctor (GP)/hospital is
required to confirm to the Department that the child has been discharged
from hospital and your maternity benefit should resume. Your Personal Public
Service Number (PPS) Number should be clearly identified on all documents you
send to the Department.
Remember, you may only apply to postpone your maternity leave if the baby has
been hospitalised - not if the child is simply unwell.
Illness while on postponed maternity leave
If you have postponed your maternity leave and become ill when you return to
work (before resuming your postponed leave), you may be considered to have
started your resumed leave on the first day of your absence because of illness.
Alternatively, you may choose to forfeit your right to resumed leave and have
your leave treated as sick leave.
Returning to Work
You are entitled to return to work after maternity leave. The Maternity
Protection Act, 1994 states that if it is not reasonably practicable for
your employer to allow you to return to your job, then they must provide
you with suitable alternative work. This new position should not be on terms
substantially less favourable than those of your previous job.
Otherwise, you are entitled to be treated as if you had been at work during
your maternity leave. Your employment conditions cannot be worsened by the
fact that you have taken maternity leave, and if pay or other conditions
have improved while you have been on maternity leave then you are entitled
to these benefits when you return to work.
Time Off for Medical Visits
The Maternity Protection Act, 1994, provides that once your pregnancy is
confirmed you may take reasonable time off for medical visits connected
with the pregnancy. There is no maximum or minimum amount of time off specified
for these visits. Rather, your are entitled to as much time off as is necessary
to attend each visit. (This includes the time required to travel to and from
the appointment and the time taken for the appointment itself). You will need
to provide your employer with medical evidence confirming the pregnancy, giving
two weeks notice of your medical visits. You should show your appointment card
if requested by your employer at any time after your first appointment. You may
also take time off for medical visits after the birth for up to 14 weeks following
the birth including any time taken on maternity leave after the birth. You are
entitled to be paid while keeping these medical appointments both before and
after the birth.
It's important to note that while you are entitled to take reasonable time
off without loss of pay for medical visits connected with your pregnancy,
you may also be entitled to take paid time off to attend some ante-natal classes.
Rules
- You must give your employer at least four weeks' written notice of your intention to take maternity leave.
- You must also provide your employer with a medical certificate confirming the pregnancy.
- If you intend to take the additional eight weeks maternity leave you must provide your employer with at least four weeks' written notice.
- Both these notices can be given at the same time.
- It is important to comply with these notice requirements, as failure to do so may cause loss of rights.
- You must give your employer at least four weeks' written notice of your intention to return to work
- You must notify your employer as soon as possible if you wish to postpone your maternity leave (but remember, your employer can refuse this application).
Copyright Irish Government
Original page here
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News |
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4th November 2004
The right work-life balance is a win-win situation for all.....more
18th October 2004
If you become pregnant while in employment in Ireland, you are entitled to take maternity leave for a basic period of 18 weeks.....more
22nd September 2004
Frequently Asked Questions about working time.....more
19th May 2004
European Commission encourages negotiations on Working Time Directive.....more
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