Maternity Leave Policy
The reader should refer to the Maternity Protection Acts 1994, the Maternity Protection (Amendment)
Act 2004 and the Social Welfare Services Office Form MB10.
1.
Purpose
All female employees in Ireland are entitled to 26 weeks basic maternity leave and an
additional 16 weeks unpaid maternity leave, in accordance with the Maternity Protection
Acts 1994 and the Maternity Protection (Amendment) Act 2004. The aim of this policy is
to outline the maternity leave entitlements for all eligible employees.
2.
Eligibility
Any female employee, including casual and part-time workers, regardless of service with
the company, is entitled to basic maternity leave as well additional maternity leave.
3.
Statutory Entitlements
During the 26 week period of basic maternity leave, female employees may be eligible to
receive maternity benefit payment from the Department of Social and Family Affairs.
Application details and the Benefit Form (MB10) can be found on the Department’s
website at www.welfare.ie/forms, Mercury Central at http://central.mercury.ie or from a
Medical Practitioner. It is important that employees claim this benefit at least six weeks
before starting maternity leave. The MB10 must be signed by the employee’s doctor and
Mercury Engineering before it is returned to the Department of Social and Family Affairs.
At least 2 weeks’ maternity leave must be taken before the end of the expected week of
the baby’s birth, and at least 4 weeks must be taken after the actual birth date. A further
16 weeks’ unpaid leave immediately following the period of maternity leave is also
available.
4.
Other Entitlements
Should an employee have more than 104 weeks’ continuous service and be at
supervisory-level on commencement of maternity leave, and if agreed in the employee’s
contract of employment, the organisation will pay the difference between social welfare
maternity benefit and the employee’s basic salary to ensure that her normal earnings are
maintained during this period. In these cases, the employee must show proof of the social
welfare benefit amount to Payroll in advance in order for them to pay the difference
between the benefit and her normal gross salary. The employee’s payslip will be posted
to their home address. Overtime payments and allowances are not payable during
maternity leave.
5.
Statutory Rights while on Maternity Leave
All employment rights are protected while on maternity leave, other than the right to
remuneration.
Public holidays, annual leave, parental leave or sick leave are not considered to be part of
maternity leave. All public holidays that fall during the period of maternity leave will be
added to the end of the leave.
During absence on maternity leave or additional maternity leave, the period of
employment before the absence will be regarded as continuous with the period of
employment after the absence.
Mercury Engineering – V4 – June 09
HR Department – CC
09/06/2009
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Maternity Leave Policy
Employees will return to their normal job on completion of their period of maternity
leave, in so far as is practicable.
Periods of training or probation will be extended to account for the number of weeks
absent due to maternity leave.
6.
Postponing Maternity Leave
Basic maternity leave and additional maternity leave may be postponed in cases where
the child is hospitalised. The leave may only be postponed after having taken 14 weeks’
maternity leave. Leave may be postponed up to a maximum of six months.
If the employee returns to work while maternity leave is postponed, the remainder of the
leave must be taken in one block, not later than 7 days after the child has been discharged
from hospital.
A doctor’s letter confirming the child’s hospitalisation must accompany the application to
postpone maternity leave. A letter must also be submitted following the child’s release
from hospital, confirming the date of discharge. Mercury Engineering has the right to
refuse applications to postpone maternity leave.
7.
Antenatal / Postnatal Care
Once the pregnancy is confirmed pregnant employees are entitled to take reasonable paid
time off for medical visits connected with the pregnancy, both before and after the birth.
The mother is entitled to take as much time as is necessary to attend each visit, including
the time required for travel to and from the appointment and the time taken for the
appointment itself. Medical appointments should be scheduled in conjunction with
business requirements where possible. The employee must provide Mercury Engineering
with a medical certificate confirming the pregnancy and give two weeks notice of the
time and date of the appointment. Appointment cards should be submitted to the Human
Resources Department after the medical appointment. Time off for medical visits after the
birth is permitted up to 14 weeks following the birth.
A pregnant employee is entitled to paid time off work to attend one set of antenatal
classes, other than the last 3 classes.
8.
How to apply for Basic Maternity Leave
The employee must provide the Human Resources Department with a medical certificate
confirming the pregnancy and the expected birth date of the child, as soon as is
reasonable practicable. An employee must submit written notice of their intention to avail
of maternity leave to the Human Resources Department, at least six weeks in advance.
Completed Social Welfare Form MB10 should accompany this notice.
9.
How to apply for Additional Maternity Leave
An employee must provide the Human Resources Department with written notice of
their intention to avail of additional maternity leave at least four weeks beforehand.
10. Returning from Maternity Leave:
An employee must submit written notice to the Human Resources Department of their
intention to return to work at least four weeks beforehand.
Should an employee decide not to return to work after their period of maternity leave, the
normal notice period is required.
Mercury Engineering – V4 – June 09
HR Department – CC
09/06/2009
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