The Maternity Protection, Employment Equality & Preservation of Certain Records Act 2024 was signed into law by the President on 28 October 2024.
The 2024 Act inserts section 14C to the Maternity Protection Act 1994, which allows an employee to postpone their maternity leave for between 5 and 52 weeks if they are suffering from a serious health condition. Ireland is one of the first countries in the world to implement such measures and it follows from the ‘Leave Our Leave’ campaign by the Irish Cancer Society.
Section 14C(11) of the Maternity Protection Act 1994 defines a “serious health condition” as one that (a) entails a serious risk to the life or health, including mental health, of an employee and (b) to address that risk, necessary medical intervention for an ongoing period of time is required.
The employee must notify their employer in writing that they intend to postpone the commencement of either all or part of their maternity leave at least two weeks before the commencement of the postponement. The notification must state the date the postponement commences, the date the postponement ends, and be accompanied by a medical certificate signed by a relevant medical practitioner.
Once this notification is made, the employee is entitled to take their postponed maternity leave as one continuous period commencing the day after the end date of the postponement. The employee must inform their employer in writing of their intention to commence their postponed maternity leave no later than on the day the postponed maternity leave begins.
An employee who has already postponed all or part of their maternity leave is entitled to postpone their maternity leave for a second time. This can be postponed until a date no later than 52 weeks from the date on which the first postponement is to commence. The employee must again inform their employer in writing no later than two weeks before the second commencement date. This notification must also contain the date the second postponement commences, the date the second postponement ends, and be accompanied by a medical certificate signed by a relevant medical practitioner.
This legislation is a welcome reform to this area, allowing mothers who are suffering from serious health conditions to receive treatment and begin their maternity leave at a later date.
The above is intended for information only and is not legal advice. If you would like to talk to us about any aspect of protected leave in your organisation, please contact us at law@fitzsimonsredmond.ie or 01-6763257.
By Áine Harkin
Trainee Solicitor at Fitzsimons Redmond LLP
