Maternity Protection of Employees Act, 1981

Maternity Protection of Employees Act, 1981 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1981 Maternity Protection of Employees Act, 1981 Maternity Protection of Employees Act, 1981 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 2 of 1981 MATERNITY PROTECTION OF EMPLOYEES ACT, 1981 ARRANGEMENT OF SECTIONS

Part I

Preliminary and General Section

Section 1

Short title and commencement.

Section 2

Interpretation.

Section 3

Persons to whom Parts II and III apply.

Section 4

Orders and regulations.

Section 5

Voidance or modification of certain provisions in agreements.

Section 6

Expenses.

Part II

Maternity Leave

Section 7

Definitions for Part II.

Section 8

Entitlement to maternity leave.

Section 9

Notification to employer.

Section 10

Allocation of minimum period of maternity leave.

Section 11

Variation in allocation of minimum period of maternity leave.

Section 12

Extension of maternity leave.

Section 13

Commencement of maternity leave (early confinement).

Section 14

Entitlement to additional maternity leave.

Section 15

Preservation or suspension of certain rights, etc. while on maternity or additional maternity leave.

Section 16

Right to time off from work for ante-natal or post-natal care.

Section 17

Voidance of certain purported terminations of employment, etc.

Section 18

Extension of certain notices of termination of employment or of certain suspensions.

Section 19

Provisions regarding periods of probation, training and apprenticeship.

Part III

Right to Return to Work

Section 20

General right to return to work on expiry of maternity leave, etc.

Section 21

Right to suitable alternative employment in certain circumstances on return to work.

Section 22

Notification of intention to return to work.

Section 23

Postponement of return to work.

Part IV

Amendment or Application of Other Enactments

Section 24

Amendment of section 2 (2) of Act of 1977.

Section 25

Amendment of section 6 (2) of Act of 1977.

Section 26

Provisions applying where employee not permitted to return to work.

Section 27

Disputes regarding entitlement under this Act.

Section 28

Amendment of Schedule 3 to Redundancy Payments Act, 1967.

Acts Referred to Minimum Notice and Terms of Employment Act, 1973 1973, No. 4 Redundancy Payments Act, 1967 1967, No. 21 Redundancy Payments Act, 1979 1979, No. 7 Redundancy payment Acts, 1967 to 1979 Social Welfare (Consolidation) Act, 1981 1981, No. 1 Unfair Dismissals Act, 1977 1977, No. 10 Number 2 of 1981 MATERNITY PROTECTION OF EMPLOYEES ACT, 1981 AN ACT TO ENTITLE FEMALE EMPLOYEES TO MATERNITY LEAVE, TO RETURN TO WORK AFTER SUCH LEAVE AND TO TIME OFF FROM WORK FOR ANTENATAL AND POST-NATAL CARE, TO EXTEND AS A CONSEQUENCE OF THE ABOVE-MENTIONED PROVISIONS THE PROTECTION AGAINST UNFAIR DISMISSAL CONFERRED BY THE UNFAIR DISMISSALS ACT, 1977 , AND TO MAKE OTHER PROVISIONS CONNECTED WITH THE ABOVE-MENTIONED MATTERS. [26th March, 1981] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Part I

Preliminary and General Short title and commencement.

1.—This Act may be cited as the Maternity Protection of Employees Act, 1981, and shall come into operation on the 6th day of April, 1981.

Interpretation.

2.—(1) In this Act— “the Act of 1977” means the Unfair Dismissals Act, 1977 ; “additional maternity leave” has the meaning assigned to it by section 14 ; “employee”, except in

Part IV

, means a person who is in an employment for the time being specified in or under Part I (other than paragraph 7) of the First Schedule to the Social Welfare (Consolidation) Act, 1981 , not being an employment specified in or under Part II of that Schedule; “employer”, in relation to an employee, does not include an employer who employs that employee— (a) on a permanent basis for less than 18 hours in each week, or (b) under a contract of employment, or otherwise, for a fixed term of either less than 26 weeks or of which there are less than 26 weeks still to run; “maternity leave” has the meaning assigned to it by section 8 ; “the Minister” means the Minister for Labour; “the successor” has the meaning assigned to it by section 20 .

Persons to whom Parts II and III apply.

3.—(1) Parts II and III apply to female employees.

Part II

or

Part III

.

Orders and regulations.

4.—(1) The Minister may, in relation to any provision of this Act relating to notification (or confirmation of notification), vary by order any such provision.

Voidance or modification of certain provisions in agreements.

5.—(1) A provision in any agreement (whether a contract of employment or not, and whether made before or after the commencement of this Act) shall be void in so far as it purports to exclude or limit the application of any provision of this Act or is inconsistent with any provision of this Act.

Part II

or

Part III

applies than a similar or corresponding entitlement conferred on her by either of those Parts shall be deemed to be so modified as to be not less favourable to her.

Part II

or

Part III

applies than any provision in either of those Parts.

Expenses.

6.—Any expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Part II

Maternity Leave Definitions for

Part II

.

7.—In this Part— “the expected week of confinement” and “confinement” have the meanings respectively assigned to them by sections 24 and 28 of the Social Welfare (Consolidation) Act, 1981 ; “the minimum period of maternity leave” has the meaning assigned to it by section 8 .

Entitlement to maternity leave.

8.—(1) Subject to this Part, an employee to whom this Part applies shall be entitled to leave, to be known (and referred to in this Act) as“maternity leave”, from her employment for a period (in this Part referred to as “the minimum period of maternity leave”) of not less than 14 consecutive weeks.

Notification to employer.

9.—(1) Entitlement to the minimum period of maternity leave shall be subject to an employee having— (a) as soon as reasonably practicable but not later than four weeks before the commencement of maternity leave, notified in writing her employer (or caused him to be so notified) of her intention to take maternity leave, and (b) at the time of the notification, given to her employer or produced for her employer's inspection a medical or other appropriate certificate confirming the pregnancy and specifying the expected week of confinement.

Allocation of minimum period of maternity leave.

10.—Subject to sections 11 to 13 , the minimum period of maternity leave shall commence on such day as the employee selects, being not later than four weeks before the end of the expected week of confinement, and shall end on such day as she selects, being not earlier than four weeks after the end of the expected week of confinement.

Variation in allocation of minimum period of maternity leave.

11.—(1) Where it is certified by a registered medical practitioner or otherwise to the satisfaction of the Minister and the Minister for Social Welfare that, for a person specified in the certificate, the minimum period of maternity leave should for a medical reason so specified commence on a date so specified, and the certificate is produced for inspection by the employer concerned within such period as may be prescribed by regulations under this section, the minimum period of maternity leave for that person shall commence on the date so specified.

Extension of maternity leave.

12.—(1) Where the date of confinement of an employee to whom this Part applies occurs in a week after the expected week of confinement, the minimum period of maternity leave shall be extended by such number of consecutive weeks (subject to a maximum of four consecutive weeks) after the week in which the date of confinement occurs as ensures compliance with section 10 .

Commencement of maternity leave (early confinement).

13.—(1) Where, in relation to an employee to whom this Part applies, the date of confinement occurs in a week that is four weeks or more before the expected week of confinement, the employee shall, where the circumstances so require, be deemed to have complied with section 9

Entitlement to additional maternity leave.

14.—(1) Subject to this section, an employee who has taken maternity leave shall, if she so wishes, be entitled to further leave, to be known (and referred to in this Act) as “additional maternity leave”, for a maximum period of four consecutive weeks commencing immediately after the end of her maternity leave.

Part III

if the employee concerned had not taken the additional maternity leave.

Part III

if the employee concerned had not taken the additional maternity leave.

Preservation or suspension of certain rights, etc. while on maternity or additional maternity leave.

15.—(1) During a period of absence from her work by an employee while she is on maternity leave, such an employee shall be deemed to have been in the employment of her employer and, accordingly, while so absent she shall, subject to section 19 , be treated as if she had not been so absent and such absence shall not affect any right (other than her right to remuneration during such absence), whether conferred on her by statute, contract or otherwise, and related to her employment.

Right to time off from work for antenatal or post-natal care.

16.—(1) For the purpose of receiving ante-natal or post-natal care (or ante-natal and post-natal care), an employee to whom this Part applies shall be entitled to time off from her work in accordance with regulations made under this section by the Minister.

(3)

Section 15

Voidance of certain purported terminations of employment, etc.

17.—Each of the following shall be void: (a) any purported termination of the employment of an employee to whom this Part applies, while she is absent from her work on maternity leave or additional maternity leave; (b) any purported termination of the employment of an employee to whom this Part applies, while she is absent from her work on time off under section 16 ; (c) any notice of termination of the employment of an employee to whom this Part applies, given while she is absent from her work on maternity leave or additional maternity leave and expiring subsequent to such absence; (d) any notice of termination of the employment of an employee to whom this Part applies, given while she is absent from her work on time off under section 16 and expiring subsequent to such absence; (e) any purported suspension from her employment of an employee to whom this Part applies, imposed while she is absent from her work on maternity leave, additional maternity leave or on time off under section 16 .

Extension of certain notices of termination of employment or of certain suspensions.

18.—Any notice of termination of her employment given in respect of an employee to whom this Part applies, or any suspension from her employment imposed on such an employee, before the receipt by her employer of a notification under section 9 , 12 , 14 , or 16 (or, where appropriate, under section 22 ), or before the production for the employer's inspection of a certificate under section 11 , and due to expire during her absence from work on maternity leave, additional maternity leave or time off under section 16 , shall be extended by the period of her absence from work on maternity leave, additional maternity leave or such time off.

Provisions regarding periods of probation, training and apprenticeship.

19.—(1) During her absence from her work while on maternity leave or additional maternity leave by an employee to whom this Part applies and who, starting with the commencement of her employment with her employer, is on probation in her employment, is undergoing training in relation to her employment or is employed under a contract of apprenticeship, her probation, training or apprenticeship shall stand suspended during such absence and shall be completed by her on her return to work after such absence.

Part III

Right to Return to Work General right to return to work on expiry of maternity leave, etc.

20.—(1) Subject to this Part, on the expiry of a period during which an employee to whom this Part applies was absent from work while on maternity leave or additional maternity leave, she shall be entitled to return to work— (a) with the employer with whom she was working immediately before the start of that period or, where during her absence from work there was a change of ownership of the undertaking in which she was employed immediately before her absence, with the owner (in this Act referred to as “the successor”) of the undertaking at the expiry of her period of absence, (b) in the job which she held immediately before the start of that period, and (c) under the contract of employment under which she was employed immediately before the start of that period, or, where a change of ownership such as is referred to in paragraph (a) has occurred, under a contract of employment with the successor which is identical to the contract under which she was employed immediately before the start of that period, and (in either case) under terms or conditions not less favourable than those that would have been applicable to her if she had not been so absent from work.

Right to suitable alternative employment in certain circumstances on return to work.

21.—(1) Where an employee is entitled to return to work in accordance with section 20 but it is not reasonably practicable for her employer or the successor to permit her to return to work in accordance with that section, she shall, subject to this Part, be entitled to be offered by her employer, the successor or an associated employer suitable alternative employment under a new contract of employment.

Notification of intention to return to work.

22.—(1) Entitlement to return to work in accordance with section 20 or to be offered suitable alternative employment under section 21 shall be subject to an employee who has been absent from work while on maternity leave or additional maternity leave in accordance with this Act having, not later than four weeks before the date on which she expects to return to work, notified in writing (or caused to be so notified) her employer or, where she is aware of a change of ownership of the undertaking concerned, the successor, of her intention to return to work and of the date on which she expects to return to work.

Postponement of return to work.

23.—Where, because of an interruption or cessation of work at her place of employment, existing on the date specified in a notification under section 22 given by her, it is unreasonable to expect an employee to return to work on the date specified in the notification, she may return to work instead when work resumes at the place of employment after the interruption or cessation, or as soon as reasonably practicable after such resumption.

Part IV

Amendment or Application of Other Enactments Amendment of section 2 (2) of Act of 1977.

24.—Section 2 (2) of the Act of 1977 (which specifies dismissals in relation to which that Act does not apply) is hereby amended by the insertion of the following after paragraph (b): “, or (c) dismissal where the employee's employer at the commencement of the employment informs the employee in writing that the employment will terminate on the return to work with that employer of another employee who is absent from her work while on maternity leave or additional maternity leave or time off under the Maternity Protection of Employees Act, 1981, and the dismissal of the first-mentioned employee duly occurs for the purpose of facilitating the return to work of that other employee.”.

Amendment of section 6 (2) of Act of 1977.

25.—Section 6 (2) of the Act of 1977 (which specifies the matters which cause a dismissal resulting from any of those matters to be deemed to be an unfair dismissal) is hereby amended by the insertion of the following paragraph after paragraph (f): “(g) the exercise by an employee to whom

Part II

of the Maternity Protection of Employees Act, 1981, applies (other than a person specified in section 2

Provisions applying where employee not permitted to return to work.

26.—(1) This section applies to an employee who, having duly complied with section 22 , is entitled under

Part III

to return to work but is not permitted to do so by her employer, the successor or an associated employer, and who is an employee to whom an Act referred to in the relevant subsection of this section applies.

Disputes regarding entitlement under this Act.

27.—(1) Any dispute (other than a claim under section 8 of the Act of 1977, as extended by section 26 ) between an employee to whom the Act of 1977 applies and to whom

Part II

or

Part III

applies and her employer, the successor or an associated employer, relating to the employee's entitlement under this Act (or to any matter arising out of or related to such an entitlement) may be referred by either party to the dispute to a rights commissioner or to the Tribunal.

Amendment of Schedule 3 to Redundancy Payments Act, 1967.

28.—Schedule 3 to the Redundancy Payments Act, 1967 , is hereby amended by the substitution of the following for paragraph 5 (1) (d) (inserted by the Redundancy Payments Act, 1979 ): “(d) a period during which an employee was absent from her work while on maternity leave, additional maternity leave or time off under the Maternity Protection of Employees Act, 1981.”.

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