Am I eligible for maternity leave?
What other leave can I take?
What happens if I cannot perform my normal duties prior to maternity leave?
What happens to my leave and increments while on maternity leave?
What happens to my position while I’m on maternity leave?
What happens if my employer says my job is no longer available?
When am I protected by the Maternity Protection Act?
Am I entitled to attend medical appointments before going on maternity leave?
What is parental leave?
Pregnant women are entitled to 26 consecutive weeks “maternity leave” around the time of the birth of the baby (two weeks should be taken before the birth). During this time a mother will receive maternity benefit (a social welfare payment). The minimum weekly payment is €230.30 up to a maximum of €280. In many cases the CWU will have negotiated “top up” payments with employers.
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You are also entitled to take up to a further 16 weeks’ additional maternity leave, but this period is not covered by Maternity Benefit nor is your employer obliged, unless otherwise agreed, to make any payment during this period.
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Your employer should carry out separate risk assessments in relation to pregnant employees. If there are particular risks to an employee’s pregnancy these should be either removed or the employee moved away from them. If neither of these options is possible, the employee should be given health & safety leave from work, which may continue up to the beginning of maternity leave. If a doctor certifies that night work would be unsuitable for a pregnant employee, the employee must be given alternative work or health & safety leave.
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You are entitled to leave for any public holidays that occur during your maternity leave. Time spent on maternity leave (including additional maternity leave) is treated as though you have been in work and this time can be used to accumulate annual leave and public holiday entitlement.
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You are entitled to return to work to the same job with the same contract of employment. Your employment conditions cannot be worsened by the fact that you have taken maternity leave and if pay or other conditions have improved while you have been on maternity leave then you are entitled to these benefits when you return to work.
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If it is not reasonably practicable for your employer to allow you to return to your job, then they must provide you with suitable alternative work. This new position should not be on terms substantially less favourable than those of your previous job.
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You are protected under legislation as soon as you inform your employer of your pregnancy in writing.
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Once your pregnancy is confirmed you may take reasonable time off for medical visits connected with the pregnancy. There is no maximum or minimum amount of time off specified for these visits. Rather, you are entitled to as much time off as is necessary to attend each visit. This includes the time required to travel to and from the appointment and the time taken for the appointment itself.
You may also be entitled to take paid time off to attend some ante-natal classes. Your entitlement is for one set of ante-natal classes except for the last 3 classes of the set. Fathers are entitled to paid time off to attend the last 2 classes in the set of ante-natal classes.
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The mother and father of a child are entitled to fourteen weeks unpaid parental leave in separate blocks of a minimum of six continuous weeks. Time spent on parental leave can be used to accumulate your annual leave entitlement. More favourable terms may have been negotiated for by your union.
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