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2 1981

MATERNITY PROTECTION OF EMPLOYEES ACT, 1981

Part II

Maternity Leave

Definitions for Part II .

7. —In this Part—

the expected week of confinement” and “confinement” have the meanings respectively assigned to them by sections 24 and 28 of the Social Welfare (Consolidation) Act, 1981 ;

the minimum period of maternity leave” has the meaning assigned to it by section 8 .

Entitlement to maternity leave.

8. —(1) Subject to this Part, an employee to whom this Part applies shall be entitled to leave, to be known (and referred to in this Act) as“maternity leave”, from her employment for a period (in this Part referred to as “the minimum period of maternity leave”) of not less than 14 consecutive weeks.

(2) The Minister may by order, made with the consent of the Minister for Social Welfare and the consent of the Minister for Finance, amend subsection (1) so as to extend the period mentioned in that subsection.

Notification to employer.

9. —(1) Entitlement to the minimum period of maternity leave shall be subject to an employee having—

(a) as soon as reasonably practicable but not later than four weeks before the commencement of maternity leave, notified in writing her employer (or caused him to be so notified) of her intention to take maternity leave, and

(b) at the time of the notification, given to her employer or produced for her employer's inspection a medical or other appropriate certificate confirming the pregnancy and specifying the expected week of confinement.

(2) A notification under this section may be revoked by a further notification in writing by the employee concerned to her employer.

Allocation of minimum period of maternity leave.

10. —Subject to sections 11 to 13 , the minimum period of maternity leave shall commence on such day as the employee selects, being not later than four weeks before the end of the expected week of confinement, and shall end on such day as she selects, being not earlier than four weeks after the end of the expected week of confinement.

Variation in allocation of minimum period of maternity leave.

11. —(1) Where it is certified by a registered medical practitioner or otherwise to the satisfaction of the Minister and the Minister for Social Welfare that, for a person specified in the certificate, the minimum period of maternity leave should for a medical reason so specified commence on a date so specified, and the certificate is produced for inspection by the employer concerned within such period as may be prescribed by regulations under this section, the minimum period of maternity leave for that person shall commence on the date so specified.

(2) Where a certificate under this section is issued and the requirement in subsection (1) relating to the production of the certificate for the employer's inspection is complied with, the employee specified in the certificate shall be deemed to have complied also with section 9 (1) (a).

Extension of maternity leave.

12. —(1) Where the date of confinement of an employee to whom this Part applies occurs in a week after the expected week of confinement, the minimum period of maternity leave shall be extended by such number of consecutive weeks (subject to a maximum of four consecutive weeks) after the week in which the date of confinement occurs as ensures compliance with section 10 .

(2) Where the minimum period of maternity leave is proposed to be extended under this section, the employee concerned shall—

(a) as soon as practicable after the proposal for such extension, notify in writing her employer (or cause him to be so notified) of the proposed extension, and

(b) as soon as practicable after the date of confinement, confirm in writing to her employer the notification under paragraph (a) and specify the duration of the extension.

Commencement of maternity leave (early confinement).

13. —(1) Where, in relation to an employee to whom this Part applies, the date of confinement occurs in a week that is four weeks or more before the expected week of confinement, the employee shall, where the circumstances so require, be deemed to have complied with section 9 (1) (a) if the notification required by that section is given in the period of 14 days commencing on the date of confinement.

(2) Notwithstanding section 10 , but subject to regulations under section 11 , the minimum period of maternity leave for an employee referred to in subsection (1) shall be a period of not less than 14 consecutive weeks commencing on whichever of the following is the earlier—

(a) the first day of maternity leave taken in accordance with section 10 , or

(b) the date of confinement.

Entitlement to additional maternity leave.

14. —(1) Subject to this section, an employee who has taken maternity leave shall, if she so wishes, be entitled to further leave, to be known (and referred to in this Act) as “additional maternity leave”, for a maximum period of four consecutive weeks commencing immediately after the end of her maternity leave.

(2) An employee shall be entitled to additional maternity leave, whether or not the minimum period of maternity leave has been extended under section 12 .

(3) Entitlement to additional maternity leave shall be subject to an employee having notified in writing her employer (or caused him to be so notified) in accordance with subsection (4) of her intention to take such leave.

(4) Notification under subsection (3) shall be given either at the same time as the relevant notification under section 9 or not later than four weeks before the date which would have been the expected date of return to work under Part III if the employee concerned had not taken the additional maternity leave.

(5) A notification under this section may be revoked by a further notification in writing by the employee concerned to her employer not later than four weeks before the date which would have been the expected date of return to work under Part III if the employee concerned had not taken the additional maternity leave.

(6) The Minister may by order amend subsection (1) so as to extend the period of four consecutive weeks referred to in that subsection.

Preservation or suspension of certain rights, etc. while on maternity or additional maternity leave.

15. —(1) During a period of absence from her work by an employee while she is on maternity leave, such an employee shall be deemed to have been in the employment of her employer and, accordingly, while so absent she shall, subject to section 19 , be treated as if she had not been so absent and such absence shall not affect any right (other than her right to remuneration during such absence), whether conferred on her by statute, contract or otherwise, and related to her employment.

(2) In respect of a period of absence from her work by an employee while she is on additional maternity leave, the period of employment before such absence shall be regarded as continuous with her employment following such absence in respect of any right, whether conferred on her by statute, contract or otherwise, and related to her employment (other than her right to remuneration which, during such absence, shall stand suspended).

(3) Nothing in this section shall affect an employee's right to be offered suitable alternative employment under section 21 .

(4) A period of absence from her work while on maternity leave or additional maternity leave shall not be treated as part of any other leave (including sick leave or annual leave) to which an employee concerned is entitled.

(5) An employee shall be deemed not to be an employed contributor for the purposes of the Social Welfare (Consolidation) Act, 1981 , for any contribution week (within the meaning of that Act) in a period of absence from her work on maternity leave or additional maternity leave if she does not receive any reckonable earnings (within the meaning of that Act) in respect of that week.

Right to time off from work for antenatal or post-natal care.

16. —(1) For the purpose of receiving ante-natal or post-natal care (or ante-natal and post-natal care), an employee to whom this Part applies shall be entitled to time off from her work in accordance with regulations made under this section by the Minister.

(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision in relation to all or any of the following matters—

(a) the amount of time off to which an employee shall be entitled under this section;

(b) the terms or conditions relating to such time off;

(c) the notice to be given in advance by an employee so entitled to her employer (including circumstances in which such notice need not be given);

(d) the evidence to be furnished by an employee so entitled to her employer of any appropriate medical or related appointment.

(3) Section 15 (1) shall apply to an employee entitled to time off in accordance with regulations under this section as if the employee's period of absence from her work under this section were a period of absence from her work while on maternity leave.

Voidance of certain purported terminations of employment, etc.

17. —Each of the following shall be void:

(a) any purported termination of the employment of an employee to whom this Part applies, while she is absent from her work on maternity leave or additional maternity leave;

(b) any purported termination of the employment of an employee to whom this Part applies, while she is absent from her work on time off under section 16 ;

(c) any notice of termination of the employment of an employee to whom this Part applies, given while she is absent from her work on maternity leave or additional maternity leave and expiring subsequent to such absence;

(d) any notice of termination of the employment of an employee to whom this Part applies, given while she is absent from her work on time off under section 16 and expiring subsequent to such absence;

(e) any purported suspension from her employment of an employee to whom this Part applies, imposed while she is absent from her work on maternity leave, additional maternity leave or on time off under section 16 .

Extension of certain notices of termination of employment or of certain suspensions.

18. —Any notice of termination of her employment given in respect of an employee to whom this Part applies, or any suspension from her employment imposed on such an employee, before the receipt by her employer of a notification under section 9 , 12 , 14 , or 16 (or, where appropriate, under section 22 ), or before the production for the employer's inspection of a certificate under section 11 , and due to expire during her absence from work on maternity leave, additional maternity leave or time off under section 16 , shall be extended by the period of her absence from work on maternity leave, additional maternity leave or such time off.

Provisions regarding periods of probation, training and apprenticeship.

19. —(1) During her absence from her work while on maternity leave or additional maternity leave by an employee to whom this Part applies and who, starting with the commencement of her employment with her employer, is on probation in her employment, is undergoing training in relation to her employment or is employed under a contract of apprenticeship, her probation, training or apprenticeship shall stand suspended during such absence and shall be completed by her on her return to work after such absence.

(2) The Minister may by regulations prescribe a period or periods of training in relation to which subsection (1) shall not apply.