Have you ever wondered what your legal obligations are as an employer when it comes to maternity leave entitlements? You might have asked yourself how it works or who is entitled?
To answer all of your questions, we’ve put together a concise overview of everything you need to know...
Maternity Leave Protection Act
Let’s start with the basics.
Maternity Leave in Ireland is governed by the Maternity Protection Act 1994 and 2004 which applies to a pregnant female employee. In certain limited circumstances, the father may be entitled to this leave too.
This act applies regardless of what type of contract the employee is on. It also applies regardless of how long they’ve been working with your company.
How long is maternity leave in Ireland?
In Ireland, an employee is entitled to 26 consecutive weeks of maternity leave from work. They’re also entitled to an additional 16 weeks of unpaid leave. This must be taken immediately after the first 26 weeks.
Entitlements
So, entitlements — the reason you’re reading this. Let’s talk about who and how.
To begin the process, a pregnant employee must provide you with written notice as soon as they can. They must also provide a medical cert confirming their pregnancy and the expected due date.
As well as maternity leave itself, pregnant employees have paid maternity leave entitlements relating to ante-natal care. You must also pay your employee for the duration of the appointment and travel time.
If the employee returns to work early, they’re entitled to paid time off for post-natal care. It is also worth noting that an employee can attend an unlimited number of these appointments.
Ante-natal class entitlement applies to the first pregnancy only. Thereafter, they’ll have to present an appointment card with the date and time.
You are under no obligation to pay employees while they are on maternity leave unless they have contractual policies or customs and practices which state otherwise.
Maternity benefits
Entitlements don’t stop there, you also have to consider Maternity Benefit. This is available so long as your employee has made sufficient PRSI contributions.
As maternity leave is a protected leave, you need to remember that this is not a break in service. Employees will still accrue their annual leave and public holiday entitlements.
Premature arrival procedure and unpaid maternity leave
October 1st, 2017, saw an amendment to the law surrounding premature birth. Employees are now entitled to extended leave in a situation where the baby is born prematurely.
The mother will be entitled to the time from when the baby arrives, to when the maternity leave was due to start (2 weeks before expected date of confinement). They are then entitled to the 26 weeks’ maternity leave as well as the 16 weeks of additional unpaid leave.
Not all employees will take the extra time post-maternity leave. However, if they do, there are still some guidelines to follow.
The employee must inform you of their intention to take their additional 16 weeks’ unpaid leave 4 weeks before the leave is due to start. They must also inform you of their intention to return to work no later than 4 weeks before the date of expected return.
Need another maternity leave entitlement question answered? If so, contact our expert employment law advisors on our 24-hour advice service on 01 855 50 50
