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Maternity Leave Policy
UCD Human Resources
Acmhainní Daonna UCD
1. Policy Summary
This policy covers all female members of staff whilst in the employment of
UCD.
Legislation: Maternity Protection Act 1994 and 2004.
2. Scope
This policy covers all female employees who:


are pregnant;
have recently given birth, i.e. within 14 weeks of giving birth;
All female employees are covered including all full-time, part-time and
temporary employees. In the case of temporary staff employed under a fixedterm contract of employment, any entitlement to leave or other benefits lasts
only as long as the fixed term contract of employment lasts.
3. Leave Entitlements of Female Employees
3.1 Paid Maternity Leave
Female Employees are entitled to twenty six weeks' Maternity Leave, at least
two of which must be taken before the birth and four of which must be taken
after the birth. Part-time/Job-sharing employees and those on the Shorter
Working Year are entitled to maternity leave on a pro-rata basis.
Maternity leave with pay is available to all members of staff, who must have
completed at least 26 weeks of continuous employment prior to commencing
the Leave (ie with no break in service which is defined below).
Continuous employment is not broken by the following; by sickness or injury,
maternity leave, additional maternity leave, adoptive leave and parental leave,
holidays or any other absence authorised by the employer.
Continuous employment is broken if a member of staff is on a fixed term
contract that expires and is not renewed within more than 3 months. If there is
a break in service for more than 3 consecutive months then the entitlement to
full pay during the Maternity Leave will only come into force after the staff
member has completed 26 weeks consecutive service from the start date of
the most recent contract.
Last Updated Date: December 2015
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Any (outstanding) period of probation is suspended for the duration of
protective leave or the formal commencement of maternity leave. Probation is
then resumed when the employee returns to work.
If staff are employed on a fixed-term or specified-purpose contract, any leave
(or any other benefit) will end when the contract ends.
If your baby is born earlier than two weeks before the due date and before you
have commenced Maternity Leave, then the twenty six weeks' Maternity
Leave will begin on the day of the birth.
Regardless of when your baby is born, you must take four weeks' Maternity
Leave after the birth. If your baby is born so late that you have fewer than four
weeks remaining in your Maternity Leave, then you are nonetheless entitled
and obliged to take four weeks' Maternity Leave after the birth. This extension
of your Maternity Leave is called Extended Maternity Leave and is governed
by the same criteria as Maternity Leave.
If you wish to take Extended Maternity Leave, you must notify UCD HR in
writing as early as possible and no later than four weeks before the end of
your maternity leave.
Availing of Extended Maternity Leave does not in any way affect your right to
take Additional Maternity Leave as well.
3.2 Additional (Unpaid) Maternity Leave
Employees may take up to an additional sixteen weeks' leave immediately
following the twenty six weeks' Maternity Leave. Part-time/Job-sharing
employees are entitled to Additional Maternity Leave on a pro-rata basis. This
Additional Maternity Leave is in all cases unpaid and is not pensionable.
When taking any unpaid leave, please contact the Payroll Office regarding
deductions from salary.
In order to avail of this Additional Maternity Leave, however, employees must
notify UCD HR in writing at least four weeks before the end of the Maternity
Leave, indicating the dates of the Additional Maternity Leave.
Employees may notify UCD HR of their intention to take Additional Maternity
Leave at the same time as notifying UCD HR of their intention to take
Maternity Leave.
Subject to agreement with managers there are provisions that if employees
become ill during additional maternity leave this leave can be terminated.
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An employee’s absence from work on additional maternity leave will count for
all employment rights associated with the employment (except remuneration
and superannuation benefits) such as seniority and annual leave.
Employees may revoke their decision to take additional maternity leave,
however they must notify UCD HR in writing at least four weeks before the
Maternity Leave is due to end.
3.3 Postponement of Maternity Leave
The period of maternity leave / additional maternity leave can be postponed
by the employee, (subject to the agreement of the employer) in the event of
the hospitalisation of the child. The maximum amount of time the leave can
be postponed for is six months. Note your employer has the right to refuse
your application to postpone maternity leave. Leave can only be postponed
after 14 weeks maternity leave has been taken, 4 of which must be taken after
the birth. (This provision does not apply to fathers who are on maternity
leave).
If you postpone maternity leave and return to work, then you may take your
leave in one block, not later than 7 days after the child has been discharged
from hospital. You will be required to provide UCD HR with a letter from the
hospital confirming the child has been hospitalised and following the
discharge a letter confirming the date of discharge.
If you postpone your maternity leave and return to employment, you need to
notify the Department of Social and Family Affairs of this. You must notify
them in writing that your child has been hospitalised and you have returned to
employment. A letter from your family doctor (GP) / hospital is required to
confirm to the Department that the child has been discharged from hospital
and your maternity benefit should resume. Your Personal Public Service
(PPS) Number should be clearly identified on all documents you send to the
Department.
Remember, you may only apply to postpone your maternity leave if the baby
has been hospitalised not if the child is unwell
If you have postponed your maternity leave and become ill when you return to
work (before resuming your postponed leave), you may be considered to have
started your resumed leave on the first day of your absence because of
illness. Alternatively, you may choose to forfeit your right to resumed leave
and have your leave treated as sick leave.
4. Entitlements of Fathers
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4.1 Entitlement of Fathers to take Maternity Leave in the case of the
Death of the Mother
Fathers are only entitled to maternity leave if the mother dies within 24 weeks
of the birth. In these circumstances, the father may be entitled to a period of
leave, the extent of which depends on the actual date of the mother’s death.
If the mother’s death occurs within 24 weeks following the birth, then a father
who is employed under a contract of employment is entitled to the remainder
of the maternity up to the 24th week. If the father is employed on a fixed-term
or specified-purpose contract, this leave will end when the contract ends.
The period of leave shall commence within 7 days of the mother's death. The
father should notify his employer in writing no later than the day on which his
leave begins on the death of the mother, and of the length of the leave to
which he believes he is so entitled.
If requested by his employer, the father should supply his employer, as soon
as it is reasonably practicable, with a copy of the death certificate made in
respect of the mother and of a birth certificate in respect of the child.
4.2 Entitlement of Fathers to take Additional Maternity Leave in the case
of the Death of the Mother
In the case of a father who is already on Maternity Leave, the increased
entitlements to additional unpaid maternity leave will apply. A father who has
taken leave shall, if he so wishes, be entitled to further leave for a maximum
period of sixteen consecutive weeks commencing immediately after the end of
leave taken, as outlined above.
Entitlement to further leave shall be subject to the father having notified in
writing his employer of his intention to take such leave, not later than four
weeks before the date which would have been the father's expected date of
return to work. If the father is employed on a fixed-term or specified-purpose
contract, this leave will end when the contract ends.
4.3 Entitlement of Fathers to take Paternity Leave
As and from 1 June 2000, male staff employed in UCD, who meet the
requirements outlined below, are entitled to 3 days paid leave on the birth of
their child. Paternity Leave with pay is available to all members of staff
provided they have completed continuous service of more than six months.
Paternity Leave must be taken within seven days of the birth of the child,
except in exceptional circumstances.
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In order to apply for Paternity Leave you must complete and sign the
“Notification of Intention to take Paternity Leave” form and have it
countersigned by your Head of School/Unit. This form is available on the UCD
HR website. On completion it should be submitted to Compensation and
Benefits, UCD HR, Roebuck Offices.
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5. Terms and Condition of Employment while on
Maternity Leave
5.1 Payment while on Maternity Leave
Maternity Benefit is paid for twenty six weeks.
For pre 1995 permanent employees, on class D1 PRSI, the University pays
full salary during Maternity Leave.
All employees that are paying class A1 PRSI contributions must claim Social
Welfare Maternity Benefit, as their salaries will be reduced by the maximum
statutory benefit at source (unless another amount is specified). See 7.2
below for further information on claiming Social Welfare Benefit.
The rate of payment is 80% of an employee's weekly earnings in the income
tax year that governs the employee's claim, subject to maximum and
minimum rates at a given time.
5.2 Annual Leave/Public Holidays
While on Maternity Leave, Extended Leave and Additional Maternity Leave,
employees accrue Annual Leave. Once it has been agreed with your Head of
School/Unit your Annual Leave may be added on to the end of this period.
During Maternity Leave, Additional and Extended Leave employees retain
their entitlement to Public Holidays which may be taken at some other time, or
exceptionally, payment may be made in lieu.
Absence while on Maternity Leave shall not be treated as part of any other
leave from employment to which the employee concerned is entitled.
5.3 Employment during Maternity Leave, Additional Leave and Extended
Maternity Leave
Permanent employees during any of the above periods will remain in the
employment of UCD. However, in the case of temporary employees, their
employment with the University will last only until the expiry date of their
contract of employment.
5.4 Extension of periods of Training, Apprenticeship or Probation
UCD reserves the right to extend periods of training, apprenticeship or
probation to take account of absence due to Maternity Leave
5.5 Returning to Work after Maternity Leave
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Under the Maternity Protection Act, you have a right to return to work in the
same or similar job as you left, under the same employment contract. (This
right does not, of course, extend to those people whose fixed-term or
specified-purpose contracts expired during any of the above periods.)
The University can offer alternative employment but only if it is not reasonably
practicable for the University to allow you to return to work in the same job
under the same or a similar contract of employment. In this case the
University may offer you suitable alternative employment under a new
contract.
The terms and conditions of this suitable alternative employment, in relation to
the place of employment, the capacity in which you will be employed and the
monetary and other terms of employment, cannot be substantially less
favourable than those which previously applied.
6. Other Relevant information
6.1 Risk Assessment
Although there is no legal requirement, a female employee is advised to notify
her employer as soon as she becomes aware that she is pregnant under the
Health, Safety & Welfare at Work (General Application) Regulations 2007.
Once informed, the employer must ensure that a pregnant employee risk
assessment is carried out to determine what hazards she and her unborn
child may be exposed to. It should be noted that the risk assessment should
be carried out as soon as possible after the member of staff informs the
employer that she is pregnant. It is the responsibility of the Head of
School/Unit to arrange for the risk assessment to be carried out through the
UCD Safety Office.
6.2 Time off for ante- and post-natal medical checks
Time off for ante-natal and post-natal (up to fourteen weeks after the birth)
medical appointments will be given as necessary. You must however give
your Head of School/Unit at least two weeks' written notice of the date and
time of your medical appointment and, if requested, produce an appointment
card or other certification. Fathers are also entitled to paid time off to attend
the last two classes immediately prior to the birth.
In all cases, employees are in receipt of their full pay during time off for anteor post-natal checks.
6.3 Provisions in relation to Protective Leave and Health and Safety
Leave during Pregnancy and Breastfeeding
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Employers are obliged to provide breastfeeding employees with either a
reduction in working hours, or subject to nominal cost, breastfeeding facilities
to express breastmilk in the workplace for up to 6 months after the birth.
Please contact the Safety Office on Ext 2070 or [email protected] for further
details.
6.4 Stillbirths, Miscarriages and Neonatal Death
If you have a stillbirth, miscarriage or neonatal death (where a baby lives for
only a few hours or days after birth) any time after the 24th week of pregnancy,
you are entitled to full Maternity Leave. From 1 March 2007 this means a
basic period of twenty-six weeks and sixteen weeks of Additional Maternity
Leave. If you have satisfied the PRSI requirements, Maternity Benefit is
payable for the twenty-six weeks of the basic Maternity Leave.
7. Procedures
7.1 Notification Procedures
In order to apply for Maternity Leave, you must complete and sign the form
'Notification of Intention to take Maternity Leave' and have it countersigned by
your Head of School/Unit, no later than four weeks before the start of your
Maternity Leave. This form can be downloaded from the UCD HR Web site. It
should be forwarded to Compensation and Benefits, UCD HR, Roebuck
Offices. You must also attach a medical certificate confirming your pregnancy
and the expected week of confinement.
If the Social Welfare Maternity Benefit form (MB10) is submitted by you at the
same time as the notification form, provided that it has been signed by your
doctor a second medical certificate will not be required.
If you wish to take Additional or Extended Maternity Leave, you must notify
UCD HR no later than four weeks before the end of your Maternity Leave.
If you wish to return to work after any period of leave, you must notify UCD
HR no later than four weeks before the return to work date.
If you do not wish to return to work after your baby is born, you must give one
month’s notice in writing to UCD following the completion of your maternity
leave.
All the above notification must be in writing.
7.2 Procedures for claiming Social Welfare Benefit
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Staff paying PRSI classes A or E, must claim Maternity Benefit from the
Department of Social Welfare, as salary will be reduced by the maximum
statutory benefit at source (unless another amount is specified). Please note
that Maternity Benefit will be subject to income tax effective 1 July 2013.
Information about Maternity Benefit is available from Maternity Benefit
Section, Department of Social and Family Affairs Lo-call 1890 690690 or their
web site. Application forms for benefit can be downloaded from their web site
(www.welfare.ie).
To qualify for Maternity Benefit, you must satisfy one of the following PRSI
contribution conditions.
You must have:
 at least 39 weeks PRSI paid contributions in the 12-month period before
the first day of your maternity leave, or
 at least 39 weeks PRSI paid contributions since starting work and at least
39 weeks PRSI paid or credited contribution in the relevant tax year, or in
the year following the relevant tax year, or
 at least 26 weeks PRSI paid contributions in the relevant tax year and at
least 26 weeks PRSI paid contributions in the tax year before the relevant
tax year.
Only PRSI at Classes A and E count. If you were in insurable selfemployment, before starting insurable employment as an employee, your
class S PRSI contributions may help you qualify for Maternity Benefit if you do
not satisfy the employee conditions outlined above.
You may use contributions in the tax year later than the relevant tax year to
help you satisfy the PRSI contribution conditions. However, the amount of
Maternity Benefit you may get depends only on your earnings in the relevant
tax year.
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8 Policy Revision History
Version Date
Description
Author
5.0
6.0
April 2012
December
2012
UCD HR
UCD HR
7.0
November
2014
8.0
December
2014
Policy Versioning Implemented
Policy update to include Neonatal Death and
Budget changes regarding Maternity Benefit
subject to income tax
Policy updated to confirm that unpaid
maternity leave is not pensionable. This is
effective for unpaid maternity leave
commencing after 1st December 2014.
Section 3.1 made clearer
Last Updated Date: December 2015
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UCD HR
UCD HR