Do you know your legal obligations as an employer when it comes to maternity leave entitlements? This overview sets out the key issues you need to be familiar with…
The law
The Maternity Protection Acts 1994 and 2004 (the Acts) set out the minimum statutory maternity leave provisions your staff are entitled to.
No minimum service requirement
The first point to note is that there is no minimum service requirement which means all your female employees enjoy the entitlement to avail of maternity leave regardless of how long they have been working with your organisation.
Ordinary maternity leave
Ordinary maternity leave consists of 26 weeks leave which includes an associated maternity benefit payment from the Department of Employment and Social Protection.
Additional unpaid maternity leave
An additional 16 weeks of maternity leave is also available provided it begins immediately after the end of ordinary maternity leave. The additional 16 weeks is unpaid. The maternity benefit payment is not therefore available to employees who avail of additional maternity leave.
When does maternity leave begin?
Under the Acts, your employee must take two weeks before the end of the week of the baby’s expected birth and not return to work until at minimum four weeks after the birth.
Are you obliged to pay employees on maternity leave?
Whether you pay employees while they are on maternity leave is at your discretion. Whatever your position on payment is, it should be clearly set out in the terms of your contract of employment. As mentioned above, employees may qualify to receive maternity benefit from the Department of Employment Affairs and Social Protection if they have sufficient PRSI contributions. You have no obligation, therefore, to pay employees during maternity leave unless your contract of employment states otherwise.
Protected period of employment
Time spent on maternity leave (including additional maternity leave) is treated as though the employee has been in employment. Time spent on maternity leave is therefore reckonable service for the purpose of calculating paid annual leave and public holiday entitlements. Employees who are on maternity leave are also protected against suspension or dismissal.
Medical appointments
Employees 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. Employees are entitled to as much time off (within reason) as is necessary to attend each medical appointment.
Under the Acts, employees must provide you with medical evidence confirming their appointments and give at least two weeks’ notice of any such medical visits.
Ante-natal and post-natal care
Employees are entitled to paid time off during normal working hours for ante-natal and post-natal medical appointments, save for the last two appointments. It is taken that the employee has already commenced maternity leave for the last two appointments and is in receipt of maternity benefit.
Return to work
Your employees must give you at least four weeks' written notice of their intention to return to work from maternity leave. Under the Acts, employees are entitled to return to the same job and the same terms and conditions set out in the contract of employment including any improved terms and conditions the employee would have received had they not been absent.
If it's not possible for the employee to return to their old position, the employee is entitled to be offered a suitable alternative but no less favourable position.
If you would like further complementary advice on maternity leave from an expert, our advisors are ready to take your call any time day or night. Call us on 0818 923 923 or request a callback here.
