February 2006
The Maternity Protection (Amendment) Act 2004
The Maternity Protection (Amendment) Act 2004 amended the Maternity Protection
Act 1994 and came into force on the 18th October, 2004. This has been amended with
effect from 1st March 2006. The main provisions of the act will now be as follows:

leave and allow her to return to
work on an agreed date.
Maternity leave may only be
The minimum period of
maternity leave is 22 weeks.
This will be further extended to
26 weeks effective from the 1st
March 2007.

Maternity
leave
may
commence no later than two
weeks before the end of the
expected week of confinement.

The minimum period of
maternity leave in the case of
premature births (ie, four weeks
or more before the end of the
week of the expected date of
confinement) shall be 22 (26,
March 07) weeks.

Additional (unpaid) maternity
leave has been increased from
eight weeks to twelve (16,
March 07)weeks.

In
the
event
of
the
hospitalisation of the child (in
respect of whom the maternity
leave is taken), an employee
may request her employer to
postpone
her
maternity
leave/additional
maternity
postponed in the case of an
employee who has taken at
least 14 weeks' maternity leave,
four of which are after the end
of the week of confinement.
The employee shall then be
entitled to take the postponed
maternity
leave/additional
maternity
leave
in
one
continuous block known as
resumed leave, commencing
not later than seven days after
the discharge of the child from
hospital. The employer is
entitled to request evidence to
be
furnished
of
the
hospitalisation, and discharge
from hospital, of the child and
may refuse the request.

The maximum period an
employee may postpone their
leave is 6 months.

In the event of the sickness of
the employee, if this occurs
during her postponed leave, the
employee may request her
employer to terminate her
resumed leave. The employee's
absence from work due to
sickness
following
such
termination shall be treated in
the same manner as any
absence from work of the
employee due to sickness. The
employee shall not be entitled
subsequently to avail of the
untaken period of maternity
leave.


A pregnant employee shall, in
addition to medical visits, be
entitled to paid time off from
work for the purpose of
attending one set of antenatal
classes on a once off basis.
Provision is also made for a
once-off entitlement for an
expectant father to time off
work, without loss of pay, for
the purpose of attending the last
two antenatal classes in a set of
such classes attended by the
expectant mother.
An
employee
who
is
breastfeeding shall be entitled,
without loss of pay, to either
(i)
breastfeeding
breaks,
where facilities for
breastfeeding
are
provided
in
the
workplace, or
(ii)
a reduction of working
hours.
The employer shall not be
required to provide facilities for
breastfeeding in the workplace
if the provision would give rise
to more than a nominal cost.
Regulations to be made under
this section will provide for:
the amount of time off
and the number and frequency
of breastfeeding breaks to be
allowed;
- the reduction of
working hours to be allowed;
-the terms or conditions
relating
to
breastfeeding
breaks/reduction of working
hours;
- the notification procedures;
and
- the evidence to be furnished
to the employer in relation to
the date of confinement.

An employee absent from work
to attend antenatal classes or to
breastfeed shall be treated as if
she or he had not been absent
so that all employment rights
shall be unaffected during such
absence (with the exception of
remuneration
and
superannuation benefits).
This UPDATE is circulated to Subscribers of the Personnel and Industrial Relations Support Service
provided by
MANAGEMENT SUPPORT SERVICES (IRELAND) LIMITED
For Further details regarding this Service, or any information relating to the above, please contact:JOHN BARRY/DAVID CASEY
EMAIL:
Tel: 01 6798072 Fax: 01 6798073
[email protected]
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