PART II

Maternity Leave

7. —(1) In this Part “the minimum period of maternity leave” has the meaning assigned by section 8 .

(2) References in this Part to an employee are references to a female employee only.

(3) References in this Part to a pregnant employee include, as respects any time before the expiry of her maternity leave, an employee who was pregnant immediately before that leave began.

8. —(1) Subject to this Part, a pregnant employee 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.

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

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

(b) having, 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.

10. —(1) Subject to subsection (2) and 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.

(2) Where an employee is employed under a contract for a fixed term and that term expires before the day which, apart from this subsection, would be the last day of her maternity leave, then—

(a) notwithstanding any other provision in this Part, the last day of her maternity leave shall be the day on which the term expires; and

(b) nothing in this Part shall affect the termination of the employee's contract of employment on that day.

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 an employee 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 made by the Minister under this section, the minimum period of maternity leave for that employee 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—

(a) shall be taken to have informed her employer of her pregnancy (if she had not previously done so); and

(b) shall be deemed to have complied also with section 9 (1) (a).

12. —(1) Where the date of confinement of a pregnant employee 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 her employer 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.

13. —(1) Where, in relation to a pregnant employee, 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 (1), 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 ; and

(b) the date of confinement.

14. —(1) An employee who has taken maternity leave shall, if she so wishes, be entitled in accordance with this section 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 her employer 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 employee's expected date of return to work under Part IV if she had not taken the additional maternity leave.

(5) A notification under this section may be revoked by a further notification in writing given by or on behalf of the employee concerned to her employer not later than four weeks before the date which would have been her expected date of return to work under Part IV if she 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 mentioned in that subsection.

15. —(1) For the purpose of receiving ante-natal or post-natal care or both, an employee shall be entitled to time off from her work, without loss of pay, 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 any 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.

16. —(1) If a woman (in this section referred to as “the mother”) who has been delivered of a living child dies at any time before the expiry of the fourteenth week following the week of her confinement, the father of the child (if he is employed under a contract of employment) shall be entitled in accordance with this section to leave from his employment for a period ending as follows—

(a) if the mother dies before the expiry of the tenth week following the week of her confinement, the period ends at the end of that tenth week; and

(b) if the mother dies at any time after the expiry of that tenth week, the period ends at the end of the fourteenth week following the week of her confinement.

(2) Entitlement to leave under subsection (1) shall be subject to the father—

(a) notifying his employer in writing (or causing his employer to be so notified) not later than the day on which his leave begins of the death of the mother, of his intention to take leave under subsection (1) and of the length of the leave to which he believes he is so entitled; and

(b) if requested by his employer, causing his employer to be supplied, as soon as is reasonably practicable, with a copy of the death certificate made in respect of the mother and of the birth certificate in respect of the child.

(3) The period of leave under subsection (1) shall commence within 7 days of the mother's death; and in this section—

(a) a period of such leave which ends as mentioned in paragraph (a) of subsection (1) is referred to as “subsection (1) (a) leave”; and

(b) a period of such leave which ends as mentioned in paragraph (b) of that subsection is referred to as “subsection (1) (b) leave”.

(4) A father who has taken subsection (1) (a) leave shall, if he so wishes, be entitled to further leave for a maximum period of four consecutive weeks commencing immediately after the end of his subsection (1) (a) leave.

(5) Entitlement to further leave under subsection (4) shall be subject to the father having notified in writing his employer (or caused his employer to be so notified) in accordance with subsection (6) of his intention to take such leave.

(6) Notification under subsection (5) shall be given either at the same time as the notification under subsection (2) (a) or (if it is later) not later than four weeks before the date which would have been the father's expected date of return to work under Part IV if he had not taken the further leave under subsection (4).

(7) A notification under this section may be revoked by a further notification in writing given by or on behalf of the father to his employer—

(a) if it relates to subsection (1) (a) leave or subsection (1) (b) leave, not later than the day on which the leave is due to begin; and

(b) if it relates to leave under subsection (4), not later than the latest date on which, under subsection (6), the notification which is to be revoked could have been given.

(8) The Minister may by order, made with the consent of the Minister for Social Welfare and with the consent of the Minister for Finance, amend subsections (1) and (4) so as to extend the periods mentioned in those subsections.

(9) Any reference in this section to the week of the mother's confinement is a reference to the week in which fell the date of her confinement.