Basic maternity leave applies to all working women, regardless of how long they have been employed, or how many hours they work – as long as they became pregnant in Ireland. Additional unpaid maternity leave is also available. The Maternity Protection Act 1994 and the Maternity Protection (Amendment) Act 1994, cover all the laws and rules regarding maternity at work, and maternity leave.
After 1 March 2007, mothers were entitled to 26 weeks of maternity leave and an additional 16 weeks of unpaid maternity leave. The amended act states that leave starts at least two weeks before the expected birth of your baby; the compulsory leave period extends to four weeks after delivery. How you choose to allot the remaining weeks, is up to your discretion. If you applied for, and qualify for maternity benefits, then at least two and no more than 16 weeks maternity leave must be taken, before the first week the baby is due.
Your employer is not obliged to pay you during maternity leave. Any bonuses and salary payments during maternity leave are covered by your employment contract. You may, however, qualify for a Maternity Benefit, from the Department of Social Protection. This is dependant on your PRSI contributions. It is possible that your employee's contract allows you to be paid an additional amount by your employer, which equals your full salary, minus the Maternity Benefit.
Since 1 March 2007, mothers are allowed an additional 16 weeks of additional maternity leave. This leave is unpaid, since it is not covered by the standard Maternity Benefit, nor is your employer obligated to pay you, unless there is a clause in your employee's contract that states otherwise. If you become ill during additional maternity leave, you can request that your employer cancels your additional leave. You will no longer be entitled to the remaining days of your additional maternity leave, but may be entitled to an Illness Benefit – which means you get some income during this time.
Employees have rights to take leave for public holidays, as is outlined in Section 21 of the Organisation of Working Time Act 1997. Public holidays that fall in the period of maternity leave, and additional maternity leave, do not earn you extra days. If your baby is delivered over the festive season, all those public holidays do not entitle you to additional time off from work. Although annual bonuses and salaries are not normally paid during maternity and additional maternity leave, the time spent on leave still counts as working days. This goes towards your accumulation of days for annual leave and entitlement to public holidays.
If you are unfortunate enough to have a stillbirth or miscarriage after the 24th week of pregnancy you are entitled to full maternity and additional maternity leave. Any maternity benefits will paid out too, as long as you meet the PSRI requirements. If you qualify for Maternity Benefits, you will be paid for 26 weeks of basic maternity leave. The additional 16 weeks are unpaid, should you choose to take them. Applying for Maternity Benefits after a stillbirth or miscarriage involves obtaining a doctor's certificate that confirms the expected date of birth, the actual birth and the number of weeks of pregnancy.
Employers need to do risk assessments for employees who are pregnant, or have recently given birth, or are breastfeeding. The hazards and risk should either be removed from the affected employee, or the employee removed from the risks. If this is not possible, the employee should be given health and safety leave. The employee is expected to work until the beginning of normal maternity leave; safety leave commences and a normal salary is paid for the first three weeks, thereafter Maternity Benefits apply.
Fathers in Ireland are only entitled to maternity leave if the mother dies within 24 weeks of giving birth. The period of leave depends on the date of the mother's death. Once maternity leave has been granted, he is entitled to the further 16 weeks too.
Postponement of maternity leave is only granted under strict conditions, usually only if your baby has been hospitalised. You may apply for postponement during any stage of your leave, however, you employer has the right to refuse your application for postponement.
When you return to work after maternity leave, you are entitled to your former position, with normal pay and the original terms and conditions of your contract. If it is impractical for your employer to reserve your job, it is up to them to find you alternative employment placement. The new job should be similar in pay and working conditions to your old one. When you return to your original job, conditions may not be significantly worse than before. Any pay increases that occurred during your absence apply to you when you return to work.
