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S.I. No. 51/2006 - Maternity Protection Act 1994 (Extension of Periods of Leave) Order 2006

Act 1994 (Extension

Periods

Leave) Order 2006 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the

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Periods

Leave) Order 2006 S.I. No. 51/2006 - Maternity Protection Act 1994 (Extension

Periods

Leave) Order 2006 AmendmentsLeasuithe STATUTORY INSTRUMENT S.I. No. 51

2006 Maternity Protection Act 1994 (Extension

Periods

Leave) Order 2006 WHEREAS it is enacted by subsection

(2)

section 8 (as amended by section 2

the Maternity Protection (Amendment) Act 2004 (No. 28

2004))

the Maternity Protection Act 1994 (No. 34

1994) and subsection

(8)

section 16 (as amended by section 10

the Maternity Protection (Amendment) Act 2004 )

the Maternity Protection Act 1994 that the Minister for Justice, Equality and Law Reform may by order, made with the consent

the Minister for Social and Family Affairs and the consent

the Minister for Finance, amend subsection

(1)

the said section 8 (as so amended) and subsections

(1)and
(4)

the said section 16 (as so amended) so as to extend the periods mentioned in those subsections: AND WHEREAS it is further enacted by subsection

(6)

section 14 (as amended by section 5

the Maternity Protection (Amendment) Act 2004 )

the Maternity Protection Act 1994 that the Minister for Justice, Equality and Law Reform may by order amend subsection

(1)

the said section 14 (as so amended) so as to extend the period mentioned in that subsection: AND WHEREAS it is further enacted by section 3

(4)

the Maternity Protection Act 1994 that where an order is proposed to be made under that Act (other than an order under section 1 thereof), a draft

the order shall be laid before both Houses

the Oireachtas, and the order shall not be made until a resolution approving the draft has been passed by each such House: AND WHEREAS a draft

the following Order has been laid before both Houses

the Oireachtas and a resolution approving the draft has been passed by each such House: NOW I, Michael McDowell, Minister for Justice, Equality and Law Reform, in exercise

the powers conferred on me by sections 8

(2), 14
(6)and 16
(8)

the Maternity Protection Act 1994 (No. 34

1994) (as amended by the Maternity Protection (Amendment) Act 2004 (No. 28

2004)) and with the consent

the Minister for Social and Family Affairs and the consent

the Minister for Finance insofar as the said sections 8

(2)and 16
(8)are concerned, order as follows: 1. This Order may be cited as the Maternity Protection Act 1994 (Extension

Periods

Leave) Order 2006. 2.

(1)Subject to paragraphs
(2)and
(3)

this Article, this Order (other than Articles 8 to 11 thereof) comes into operation on 1 February 2006.

(2)(a) Articles 4 and 5

this Order apply in respect

a pregnant employee who commences maternity leave at any time not less than 4 weeks after the date specified in paragraph

(1)

this Article. (b) Article 6

this Order applies in respect

an employee who commences additional maternity leave at any time not less than 4 weeks after the date specified in paragraph

(1)

this Article. (c) Article 7(a)

this Order applies in respect

a man who commences leave from his employment under section 16

(1)(as amended by section 10(a)

the Act

2004)

the Act

1994 at any time after the date specified in paragraph

(1)

this Article. (

  1. d)(
  2. i)Subject to clause (ii)

this subparagraph, Article 7(b)

this Order applies in respect

a man who commences leave from his employment under section 16

(4)(as amended by section 10(b)

the Act

2004)

the Act

1994 at any time not less than 4 weeks after the date specified in paragraph

(1)

this Article. (ii) Article 7(b)

this Order applies in respect

a man who commences leave from his employment under subsection

(1)(a)

section 16 (as amended by section 10

the Act

2004)

the Act

1994 at any time after the date specified in paragraph

(1)

this Article and who gives notification under subsection

(5)

the said section 16 (as so amended) at the same time as he gives notification under subsection

(2)(a) thereof.
(3)(a) Articles 4 to 7

this Order do not apply in respect

an employee who - (i) at any time prior to the relevant date, postpones the leave concerned in accordance with section 14B (inserted by section 7

the Act

2004) or 16B (inserted by section 12

the Act

2004), as the case may be,

the Act

1994, and (ii) by reason only

that postponement, resumes or commences the leave concerned after the relevant date. (

  1. b)In this paragraph “the relevant date” means - (
  2. i)1 February 2006, in respect

leave from a man's employment under - (I) subsection

(1)

section 16 (as amended by section 10

the Act

2004)

the Act

1994, or (II) subsection

(4)

the said section 16 (as so amended) where he gives notification under subsection

(5)

that section at the same time as he gives notification under subsection

(2)(
  1. a)thereof, and (
  2. ii)1 March 2006, in respect

maternity leave, additional maternity leave or leave under subsection

(4)

the said section 16 (as so amended) other than in a case falling under subclause (II)

clause (i)

this subparagraph.

(4)Subject to paragraphs
(5)and
(6)

this Article, Articles 8 to 11

this Order come into operation on 1 February 2007.

(5)(a) Articles 8 and 9

this Order apply in respect

a pregnant employee who commences maternity leave at any time not less than 4 weeks after the commencement

those Articles. (b) Article 10

this Order applies in respect

an employee who commences additional maternity leave at any time not less than 4 weeks after the commencement

that Article. (c) Paragraph (a)

Article 11

this Order applies in respect

a man who commences leave from his employment under section 16

(1)(as amended by section 10(a)

the Act

2004)

the Act

1994 at any time after the commencement

that Article. (

  1. d)(
  2. i)Subject to clause (ii)

this subparagraph, paragraph (b)

Article 11

this Order applies in respect

a man who commences leave from his employment under section 16

(4)(as amended by section 10(b)

the Act

2004)

the Act

1994 at any time not less than 4 weeks after the commencement

that Article. (ii) Paragraph (b)

Article 11

this Order applies in respect

a man who commences leave from his employment under subsection

(1)(a)

section 16 (as amended by section 10

the Act

2004)

the Act

1994 at any time after the commencement

that Article and who gives notification under subsection

(5)

the said section 16 (as so amended) at the same time as he gives notification under subsection

(2)(a) thereof.
(6)(a) Articles 8 to 11

this Order do not apply in respect

an employee who - (i) at any time prior to the relevant date, postpones the leave concerned in accordance with section 14B (inserted by section 7

the Act

2004) or 16B (inserted by section 12

the Act

2004), as the case may be,

the Act

1994, and (ii) by reason only

that postponement, resumes or commences the leave concerned after the relevant date. (

  1. b)In this paragraph “the relevant date” means - (
  2. i)1 February 2007, in respect

leave from a man's employment under - (I) subsection

(1)

section 16 (as amended by section 10

the Act

2004)

the Act

1994, or (II) subsection

(4)

the said section 16 (as so amended) where he gives notification under subsection

(5)

that section at the same time as he gives notification under subsection

(2)(
  1. a)thereof, and (
  2. ii)1 March 2007, in respect

maternity leave, additional maternity leave or leave under subsection

(4)

the said-section 16 (as so amended) other than in a case falling under subclause (II)

clause (i)

this subparagraph. 3. In this Order - “Act

1994” means the Maternity Protection Act 1994 (No. 34

1994); “Act

2004” means the Maternity Protection (Amendment) Act 2004 (No. 28

2004). 4. Subsection

(1)

section 8 (as amended by section 2

the Act

2004)

the Act

1994 is amended - (

  1. a)in paragraph (a), by substituting “22 consecutive weeks” for “18 consecutive weeks”, and (
  2. b)in paragraph (b), by substituting “22 weeks” for “18 weeks”. 5. Subsection

(2)

section 13 (as amended by section 4

the Act

2004)

the Act

1994 is amended - (

  1. a)in paragraph (a), by substituting “22 consecutive weeks” for “18 consecutive weeks”, and (
  2. b)in paragraph (b), by substituting “22 weeks” for “18 weeks”. 6. Subsection

(1)

section 14 (as amended by section 5

the Act

2004)

the Act

1994 is amended - (

  1. a)in paragraph (a), by substituting “12 consecutive weeks” for “8 consecutive weeks”, and (
  2. b)in paragraph (b), by substituting “12 weeks” for “8 weeks”. 7. Section 16 (as amended by section 10

the Act

2004)

the Act

1994 is amended - (a) in subsection

(1), by substituting “thirty-second week” for “twenty-fourth week” in each place where it occurs and substituting “twentieth week” for “sixteenth week” in each place where it occurs, and (b) in subsection
(4)- (
  1. i)in paragraph (a), by substituting “12 consecutive weeks” for “8 consecutive weeks”, and (
  2. ii)in paragraph (b), by substituting “12 weeks” for “8 weeks”. 8. Subsection
(1)

section 8 (as amended by section 2

the Act

2004)

the Act

1994 is amended - (

  1. a)in paragraph (a), by substituting “26 consecutive weeks” for “22 consecutive weeks”, and (
  2. b)in paragraph (b), by substituting “26 weeks” for “22 weeks”. 9. Subsection

(2)

section 13 (as amended by section 4

the Act

2004)

the Act

1994 is amended - (

  1. a)in paragraph (a), by substituting “26 consecutive weeks” for “22 consecutive weeks”, and (
  2. b)in paragraph (b), by substituting “26 weeks” for “22 weeks”. 10. Subsection

(1)

section 14 (as amended by section 5

the Act

2004)

the Act

1994 is amended - (

  1. a)in paragraph (a), by substituting “16 consecutive weeks” for “12 consecutive weeks”, and (
  2. b)in paragraph (b), by substituting “16 weeks” for “12 weeks”. 11. Section 16 (as amended by section 10

the Act

2004)

the Act

1994 is amended - (a) in subsection

(1), by substituting “fortieth week” for “thirty-second week” in each place where it occurs and substituting “twenty-fourth week” for “twentieth week” in each place where it occurs, and (b) in subsection
(4)- (
  1. i)in paragraph (a), by substituting “16 consecutive weeks” for “12 consecutive weeks”, and (
  2. ii)in paragraph (b), by substituting “16 weeks” for “12 weeks”. GIVEN under my

ficial Seal, 1 February,

  1. Michael McDowell __________________ Minister for Justice, Equality and Law Reform The Minister for Social and Family Affairs consents to the foregoing Order (other than Articles 6 and 10 thereof). 1 February,
  2. Seamus Brennan __________________ Minister for Social and Family Affairs The Minister for Finance consents to the foregoing Order (other than Articles 6 and 10 thereof). 1 February,
  3. Brian Cowen __________________ Minister for Finance EXPLANATORY NOTE (This note is not part

the Instrument and does not purport to be a legal interpretation) This Order extends the periods

maternity leave under the Maternity Protection Act 1994. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government

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