We posted this week that as of the 1st July 2013 Maternity Benefit will be taxable, and we posted previously about dealing with return to work arrangements for employees on maternity leave. It is a scenario that many employers are faced with and can have a number of technical issues that need to be addressed.
Below we have highlighted what you need to know about Maternity Leave in Ireland and this should give any employer a good starting point when dealing with such issues.
What Is The Maternity Leave Entitlement?
Each pregnant employee, regardless of their length of service, is entitled to 26 weeks ordinary maternity leave (OML). They are also entitled to take an additional 16 weeks unpaid maternity leave (AML) provided it is taken immediately after the OML has concluded.
When Does Maternity Leave Commence?
Employees have a lot of flexibility when it comes to commencing their maternity leave. Therefore, they can take it very early or very late in the pregnancy. However, the employee’s maternity leave must commence at least two weeks before the employee’s expected week of confinement and at least 4 weeks after the baby has been born.
What Entitlement To Pay etc. Does An Employee Have On Maternity Leave?
During OML and AML, with the exception of remuneration, the employee has the right to benefit from their normal contractual terms and conditions of employment. Thus, the employer is not obliged to pay the employee their wages but the employee will continue to accrue annual leave, public holidays etc. The employee may be entitled to benefits from the Department of Social Protection, however.
What Are The Notice Requirements
An employee taking maternity leave must:
- tell her employer that she is pregnant and give at least four weeks' notice in writing of the date that she intends to commence OML; and
- give her employer medical evidence confirming the pregnancy and the EWC (expected week of confinement).
- While on OML, the employee must also give four weeks’ written notice of her intention to either take AML or return to work.
What About When The Employee Returns To Work?
At the end of maternity leave, the employee is entitled to return to the same position or, if this is impossible, to a post which is no less favourable than the post held prior to the leave. The employment conditions cannot be worsened by the fact that an employee has taken maternity leave, and if pay or other conditions have improved while an employee has been on maternity leave then they are entitled to these benefits when they return to work.
Ante-Natal And Post-Natal Care
When pregnant, an employee is entitled to take paid time off from work to attend ante-natal appointments with the exception of the last two of those appointments. This right extends also to post-natal medical appointments. The employee is required to provide evidence of these appointments if so requested by their employer and should provide at least two weeks’ notice of their intention to attend such an appointment.
Breast Feeding Employees
An employee who is breastfeeding (up to 26 weeks after the birth) is entitled to, without loss of pay, one of the following options as agreed with her employer.
- time off from her work to breastfeed in the workplace, or;
- a reduction of working hours for breastfeeding outside work.
- Whether at work or outside work, the employee is entitled to one hour paid time off.
Health and Safety Leave
Pregnant employees, employees who have recently given birth and employees who are breastfeeding may be entitled to health and safety leave. The employer must take preventative and protective measures to protect the employee in her current role. If the risk is still substantial or can’t be removed then the employee must be provided with alternative work. If there is no alternative work the employee must be placed on health and safety leave. The employee is entitled to full pay for the first 21 days of the leave and if it extends beyond 21 days then the employee may be able to claim benefits from the Department of Social Protection until such time that their OML commences
