. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Business - Pregnancy&ParentalRights up baby
An employee’s right to maternity leave is a very common issue facing most employers regardless of industry or business type.
In the Republic of Ireland, maternity leave is governed by the Maternity Protection Act 1994 and the Maternity Protection (amendment) Act 2004. These acts stipulate that a pregnant employee is entitled to a period of 26 weeks’ maternity leave, if an employee becomes pregnant whilst in active employment. The Act clearly outlines not only the responsibilities of the employer but also those of the employee.
Under the Act, an employee is required to give their employer four weeks’ written notice of their intention to take maternity leave. They must also commence their maternity leave at least two weeks prior to the expected baby’s due date, and must also take at least four weeks leave following the birth of the baby. An employee is also entitled to avail of 16 weeks’ unpaid additional maternity leave immediately following their 26 weeks’ maternity leave.
There is no statutory entitlement in Ireland for the employer to pay Maternity leave. However, during this period of leave an employee can claim maternity benefit from the Department of Social Protection which is calculated based on their PRSI contributions.
Employees should also be advised that the 16 weeks’ unpaid additional maternity leave is not covered by the Department of Social Protection. However an employer has the discretion to continue to pay an employee while on maternity leave or alternatively they could choose to pay the difference between
the maternity benefit and their normal weekly wage.
Prior to the return of the employee to the workplace, they are required to provide four weeks’ written notice to their employer of their intention to return.
When an employee notifies their employer that they are pregnant, an employer is then obligated under Health and Safety legislation to carry out a risk assessment on the employee’s work environment. The reasoning behind this is to ensure the safety of the mother and the unborn child. If the working environment is found to be unsafe or unsuitable the appropriate steps must be taken to rectify this. The employer must ensure that the same position the employee occupied previously to their maternity leave is available.
During the period of pregnancy an employer must also allow their employee to take reasonable time off to attend appointments in relation to their pregnancy on production of medical appointment confirmation. Male employees also have the right to take paid time off to attend the last two classes of anti-natal appointments.
What about Dad?
At present there is no legal entitlement in the Republic of Ireland to grant Paternity Leave. If an employee wishes to take time off following the birth of their child they must avail of their annual leave entitlements. However employers do
have the discretion to provide this if they so wish.
Parental leave
Parental leave is unpaid leave that both parents can avail of in respect of each child. As I write, a proposed bill is due to be introduced which will consolidate all family leave legislation into one accessible Act. Unpaid Parental leave will increase from 14 weeks per child to 18 weeks. Leave can be taken in respect of a child up to the age of eight years of age, or 16 years of age for a child with a disability.
As outlined in the Act, the 14 weeks’ unpaid leave per child may either be taken in one continuous period or alternatively in two separate blocks of a minimum of six weeks. The Act stipulates that there must be a gap of at least 10 weeks between the two periods of parental leave per child. However, if the employer agrees, the employee can separate their leave into periods of days or even hours. For example it is not uncommon for parents to take one day parental leave per week until they have used their entitlements.
If it is not a suitable time for the employer to allow their employee to take parental leave, an employer may postpone their request on one occasion for up to a period of six months. It is best practice for an employer to ensure that any employee requests are made in writing and responded to in the same manner.
Áine Coady is a Human Resources expert who works for
Athrú solutions, an outsourced HR and Health and Safety company. For more information, telephone 01 892 8016 or visit
www.athrusolutions.ie
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