Draft Bill on Shared Maternity Leave is Introduced in the Dail

Fianna Fáil recently introduced a draft bill which would allow new parents to share the 26-week period of ordinary maternity leave. Fianna Fáil’s Fiona O’Loughlin described the new initiative as an effort to promote “greater equality” and to “allow parents to share child-rearing responsibilities”. The Bill The Shared Maternity Leave and Benefit Bill, 2018 (the Bill) was introduced in mid-July and is likely to be first debated when the Dáil reconvenes following the summer break. It remains to be seen whether the Bill will receive Government support. Existing maternity/paternity leave Under the Maternity Protection Acts 1994-2004, employees are entitled to 26 weeks’ ordinary maternity leave and a further 16 weeks’ additional maternity leave. Employees are also entitled to receive two weeks’ paternity leave under the Paternity Leave and Benefit Act, 2016. Existing parental leave Employees who are natural or adoptive/adopting parents or who are acting in loco parentis are entitled to unpaid parental leave of up to 18 weeks per child. Special status of maternity leave in Ireland The WRC decision in an Area Manager v A Transport Company (ADJ-0000577) demonstrates the special protection afforded to women under Irish law in connection with pregnancy and maternity. The Adjudication Officer found in the case that the attempt by the claimant to equate paternity leave with maternity leave was "misplaced" and the claim ultimately failed to establish a prima facie case of discrimination on grounds of gender. The decision of the WRC is a useful indicator that employers who make special provisions for women in connection with pregnancy and maternity will not be acting in a discriminatory manner if they opt not to provide a matching benefit to new fathers. Northern Ireland position In Northern Ireland, a relatively similar system to the Fianna Fáil proposal is already in place. Employees in the North are entitled to avail of “shared parental leave” which allows new parents to share up to 37 weeks of pay and 50 weeks of leave following the birth or adoption of a child. Proposed amendments to the Maternity Protection Act 1994 The Bill proposes allowing both the new mother and a “relevant parent” to share the mother’s entitlement to 26 weeks’ ordinary maternity leave. A “relevant parent” is given the same meaning it has under section 2 of the Paternity Leave and Benefit Act, 2016. The Bill seeks to achieve its aims by amending the Maternity Protection Act 1994 through the insertion of a provision permitting pregnant employees to share the ‘minimum period of maternity leave’ with a relevant parent. The entitlement to share maternity leave would therefore only be available during the 26-week period of ordinary maternity leave. A relevant parent who takes up the right to shared maternity leave will not lose their entitlement to paternity leave which remains in place as an additional benefit. Shared maternity benefit The Bill also clarifies that where maternity leave is shared, the statutory maternity benefit will be shared pro-rata to the amount of maternity leave taken by each parent. The shared maternity leave benefit is also paid in addition to the two weeks’ paternity leave benefit. Progressive new initiative The Bill follows the Social Democrats backed Parental Leave (Amendment) Bill 2017 (a summary of which is available here). Both pieces of draft legislation represent positive steps by legislators to make provision for parents in the modern workplace who will undoubtedly benefit from having greater flexibility in matters affecting the care of their children. Low uptake in GB and NI Despite the introduction of a similar family-friendly scheme in the UK, estimates indicate that take-up of shared parental leave there could be as low as 2%. It remains to be seen if the Bill will gain government support and with uptake of the comparable UK scheme remaining low, it will be interesting to see if the proposed Irish schemes have any significant impacts on the Irish workplace. To learn more about shared maternity leave please call the Peninsula 24-hour advice line on 0818 923 923 to speak with an advisor