What does maternity law in Ireland require from employers when an employee becomes pregnant?

When an employee confirms a pregnancy, the manager should explain entitlements and the company’s maternity policy. Employers must ensure a pregnancy-specific risk assessment is carried out in line with the Safety, Health and Welfare at Work framework and Pregnancy Regulations—this re-checks known workplace hazards for risks to the mother and baby (for example: exposure to toxic substances, long periods of standing/sitting, stress, posture/workstations, long hours, and excessive noise).

How long is maternity leave in Ireland, and when must you take it?

Employees are entitled to 26 consecutive weeks of ordinary maternity leave, with the option of up to 16 additional weeks of unpaid maternity leave. By law, at least 2 weeks must be taken before the birth and at least 4 weeks after the birth.

When are you entitled to maternity pay (Maternity Benefit)?

Irish legislation does not oblige employers to pay salary during maternity leave. Employees may apply for state Maternity Benefit; the guidance on the source pages notes completing the DSP forms (MB1 and the employer’s MB2) and making the claim about six weeks before leave starts.

What is a pregnancy risk assessment and when does Health and Safety Leave apply?

The risk assessment should (1) identify risks (if any), (2) remove or reduce them—this may include modifying hours/conditions or temporarily assigning alternative duties without reducing pay—and (3) if risks remain and cannot be reasonably addressed, suspend the employee on Health & Safety Leave. Health & Safety Leave can also apply to breastfeeding employees. During the first three weeks of Health & Safety Leave, the employer pays normal pay; after that, Health and Safety Benefit is paid by the Department of Social Protection, subject to qualifying conditions.

Does Health and Safety Leave affect annual leave or public holiday pay?

While on Health & Safety Leave the employment relationship continues and annual leave continues to accrue; however, payment for public holidays during this leave is not due.

What should a maternity policy for Ireland include?

A written maternity policy should (a) comply with the Maternity Protection Acts 1994 and 2004 (and any amendments), (b) set out risk assessment arrangements and steps if risks cannot be removed (including alternative work/Health & Safety Leave), (c) include protection against discrimination, redundancy or dismissal on grounds of pregnancy or maternity leave, (d) outline notice, documentation and state benefit claim steps (e.g., MB1/MB2 and timelines), and (e) clarify that there is no statutory obligation on employers to pay salary during maternity leave.

What common risks should be considered in pregnancy leave planning (Ireland)?

Typical risks cited include lifting/carrying heavy loads, threat of workplace violence, long working hours, exposure to toxic substances, stress, workstation/posture issues and extended standing/sitting. If a suitable, risk-free role is offered temporarily, pay should not be reduced for the period of that change.

Quick notes on notice, timing and paperwork

Notify the employer in writing of the pregnancy and intended maternity leave dates, and share any doctor/midwife advice that might affect the risk assessment. Where relevant, submit the MB1 (and employer MB2) to the Department of Social Protection around six weeks before leave begins.

Brief uncertainties/gaps to check

The source pages summarise benefit processes but do not list detailed PRSI contribution rules, current benefit rates, or every timing nuance; consult the Department of Social Protection for up-to-date eligibility and rates if needed.