Protective Leave / Maternity Adoptive Leave

• The Parental Leave Act, 1998
  
  • confers an entitlement to parental leave and force majeure leave on qualifying employees
  • qualifying employees:Natural and adoptive parent of a child is entitled to 14 weeks leave to take care of a child
  • can be taken as continous 14 weeks or any combination with the agreement of the employer
  • A minimum of 6 weeks notice must be given to the employer before taking maternity leave
    
• Force Majeuere Leave -Section 13 of the Parental Leave Act, 1998-
  • 1 or more days not exceeding 3 in any 12 month period
• Maternity Leave Act 1994 & Maternity Protection (amendment) Act, 2004 Health & Safety at Work (Pregnant Employees)Regulations, 1994, Maternity Protection Act, (extension of periods of leave) Order, 2006
  
  • 26 Weeks unpaid (2 weeks taken before birth)
  • 12 weeks additional unpaid leave
  • Notify at least 2 weeks before confinement (labour resulting in the issue of a child)
  • Doctors certificate
  • Ends when employee decides but no earlier than 4 weeks after birth
  • Extension of leave 4 weeks after first period expires
  • Sickness of mother not to be computed with the leave
  • 80% payment from Social Welfare- no legal duty on employer to pay
  • SH&WW Regs require employer to carry out risk assessment of workplace for pregnant employees
  • 'Suitable alternative work' Employer does not have to offer original job back under new contract of employment
  • Preganance related dismissals during leave or additional leave void.