When an employee becomes pregnant; there are certain duties and obligations the Employer must implement to support them. If the employee informs their Employer they are expecting. The Manager should explain the entitlements, the company’s maternity policy and other queries that may arise.

Furthermore, The Safety, Health and Welfare at Work Act, 2005 and the Pregnancy Regulations, 2007 require that a risk assessment be conducted as part of the Safety Statement. This is required in all workplaces.  The risk assessment should already have identified any hazards, which may present a risk during pregnancy. It specifically required by the Pregnancy Regulations should, therefore, be a re-appraisal of these hazards.

The purpose of the risk assessment is to analyse the role carried out by the employee with a view to identifying any possible risks to mother and baby. Some common risks are as follows:

If the identification of a risk is positive, the employer must remove the risk/adjust the work.  If the employer cannot remove the risk, he or she must find a suitable alternative of employment.  Where the employer cannot provide suitable alternative employment. The employee must be granted Health and Safety Leave in accordance with Section 18 of the Maternity Protection Act, 1994.  As a result, during Health and Safety Leave, employers must pay employees their normal wages for the first 3 weeks. Afterwards, Health and Safety Benefit will be paid from the Department of Social and Family Affairs.

Your employee is entitled to 26 consecutive week’s ordinary maternity leave. Afterwards, they can choose to take up to 16 weeks of unpaid additional maternity leave (optional).

Firstly, your Company must have a Maternity leave policy in place. This will ensure both management and employees are aware of their rights and entitlements. This policy must include the following clauses:

• It has to comply with Maternity Protection Act 1994 and 2004 and any subsequent amendments.
• It must ensure that female employees will be protected. Which includes protection against discrimination of loss of employment through redundancy or dismissal on the grounds relating to pregnancy and taking maternity leave.
• The employee should submit a MB1 form to the Maternity Benefits Section of the Department of Social Protection. Six weeks before date of commencement of maternity leave and a copy of the MB2 Employers Certificate should also be given to the Employers to fill out.
• It is important to notice that there is no clause in the Irish legislation that obligates the Employer to pay the employee whilst on maternity leave. They have the option to claim social welfare benefit during their maternity leave period.
• It is ultimately at the employee’s discretion as to the period of maternity leave which she wishes to take. However, by law an employee must take a minimum of two weeks prior to the birth, and at least four weeks after the birth, of the child.

The pay rule did not change due to Covid-19. Employers are not legally entitled to pay for maternity leave. Similarly, your employee may be entitled to receive maternity benefit from the State, depending on their existing PSRI contributions.

Additionally, Annual leave continues to accrue as normal for your employee on Maternity Leave. Your employee is also entitled to receive bank holiday entitlements during ordinary maternity leave (first 26 weeks) and additional maternity leave (16 weeks unpaid – optional).

More information on maternity leave benefit Ireland can be found here

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