The Employer & Maternity Leave
The main provision of the Maternity Protection Acts 1994 and 2004 is to provide for 26 weeks' maternity leave with protection of employment for female employees. In addition, an employee is entitled to further leave, known as additional maternity leave, up to a maximum of 16 weeks.
Since the 1st of October 2017, female employees are entitled to extend their maternity leave beyond 26 weeks where the baby is born more than 2 weeks before the expected week of confinement. In the event of a multiple birth, an employee is still only entitled to the 26 weeks maternity leave (or any extended leave due to a premature birth) and 16 weeks additional maternity leave.
The Maternity Protection Acts 1994 and 2004 also provide for:
- Leave on health & safety grounds if the Safety, Health and Welfare at Work Acts 2005 to 2014 require it.
- Leave of an employed father from his employment, on the death of the mother during her maternity leave.
The Acts cover all female employees (and male employees after the death of the mother following birth) from the first day of their employment and that includes apprentices, agency temps, officers or servants of a local authority and all civil servants.
Since the 1st of October 2017, female employees are entitled to extend their maternity leave beyond 26 weeks where the baby is born more than 2 weeks before the expected week of confinement – the due date to put it more simply. The amount of extended leave will be equivalent to the duration of the premature birth period. The premature birth period means a period which commences on the actual date the child was due to be born and expires 2 weeks before the end of the expected week of birth.
For example: If the baby is born 2 weeks early, then the employee will be entitled to 26 weeks consecutive maternity leave PLUS the extension to her maternity leave by the premature birth period which is 28 weeks.
Some common questions in relation to maternity leave include:
When must an employee commence maternity leave?
An employee is required to take pre-confinement maternity leave of a minimum of 2 weeks and a maximum of 22 weeks before the end of the week in which the baby is due meaning the employee must have a minimum of 4 weeks maternity leave remaining after the birth of the baby.
How must an employee notify their employer of their intention to take maternity leave?
The employee must notify their employer at least 4 weeks before the commencement of maternity leave, which must state the date on which the leave is due to commence AND produce a medical certificate confirming the pregnancy and the expected week of birth.
When does additional maternity leave commence?
It must commence immediately after the 26 weeks maternity leave or any extended leave due to a premature birth except where the mother avails of any transferred paternity leave which must be taken before the commencement of the 16 weeks additional maternity leave.
Does an employee accrue annual leave whilst on maternity leave?
Yes!The employee is treated as being in employment while on maternity leave or additional maternity leave. This means they continue to accrue annual leave. They are also entitled to leave for any public holidays that occur during their maternity leave (including additional maternity leave).
What are an employee's rights on Fixed-Term Contracts?
Women employed under fixed-term contracts may not be entitled to the full period of maternity leave or additional maternity leave if their contract ends while they are still on maternity leave, as their maternity/additional maternity leave will also end on the same day. The expiry of an employee’s contract of employment during maternity leave will not affect her entitlement to Maternity Benefit.
When an employee goes son maternity leave it is vitally important that the employer doesn't fall out of touch with the employee and also to keep them informed about any business news, for example, any changes in management and staff, particularly in their own team.
And lastly don’t assume the employee on maternity leave cannot attend social events. Attending a work social event might provide some very welcome relief and be a good way of catching up (both from the employee’s and the employer’s perspective).
Bright Contracts' handbook includes each family related leave policy including Maternity leave under the 'Leave & Benefits' section of the handbook. If you'd like to download a trial of our software to preview these sections click here.
Related Articles:
- Supporting Female Employees: Implementing a Menopause Policy
- Changes under the Family Leave and Miscellaneous Provisions Act 2021
