Maternity Leave/additional Maternity Leave Application Form

Appendix 1

Explanatory Note on Maternity Leave

Maternity Leave – Entitlements

Under the Maternity Protection Acts 1994 and 2004 employees are entitled to 26 weeks maternity leave. A

pregnant employee can begin and end her maternity leave on any day she selects but must take:

•

a minimum of two weeks leave before the end of the expected week of confinement

•

4 weeks leave after the end of the expected week of confinement.

An employee is also entitled to take 16 weeks’ (unpaid) additional maternity leave immediately after the end

of ordinary maternity leave.

Maternity Leave – Notification Requirements

An employee must notify her Department Head of her intention to take maternity leave at least four weeks before the leave is

due to commence.

Application for additional maternity leave should be made either at the time of the initial application or in writing not later than 4

weeks before the end of the maternity leave.

If an employee changes her mind about taking maternity leave she may revoke the notice by sending a further written notice to

her Department Head.

Payment while on Maternity Leave

While the maternity protection legislation does not protect the employee’s entitlement to remuneration during maternity leave,

the health service operates a maternity pay scheme as follows:

All employees on maternity leave are entitled to their basic pay plus normal fixed allowances less any maternity benefit to

which they may be entitled on foot of their social welfare contributions. (This does not include additional amounts due to

nightwork, overtime, shiftwork, working unsociable hours, and stand-by or on-call allowances.)

Employees are required to make the necessary claims for maternity benefit to the Department of Social Protection within the

required time limits and to comply with whatever requirements are laid down by that Department as a condition of claiming

benefit.

Employees are also obliged to do the following:



Notify the HSE of the actual amount of Maternity benefit they are in receipt of



Notify the HSE of any subsequent revisions to that amount.

The Department of Social Protection is authorised to contact and share information with the HSE in relation to details of the

employee’s Maternity Benefit Claim

The HSE is not liable for any loss that an employee incurs as a result of their failure to comply with the rules governing the

granting of maternity benefit as set out by the Department of Social Protection.

Travel outside of the State

As Per Department of Social Protection Maternity Benefit leaflet – SW11 (Section 10, pg12): “You will not be paid Maternity

Benefit for any period you spend outside the EU. If you are an EU citizen, you can get Maternity Benefit for any period of your

maternity leave spent in an EU country. If you are not an EU citizen, you will only get Maternity Benefit for any period you

spend in the Republic of Ireland”.

Ante-Natal and Post-Natal Medical Care

An employee is entitled to time off work without loss of pay to attend ante-natal and post-natal medical visits. Time off

includes the time required to travel to and from the appointment. The employee must notify her employer in writing of the date

and time of the appointment as soon as is practicable and in any event not later than two weeks before the date of the

appointment

Time off for Ante-Natal Classes

A pregnant employee is entitled to time off work without loss of pay to attend one set of ante-natal classes (except for the last 3

classes). This right to attend only one set of antenatal classes covers all an employee’s pregnancies while in employment.

HR 108(i)_V2 Apr 2013

Page 3 of 4

Revised 26/08/2014

Maternity Leave/additional Maternity Leave Application Form - Hr 108 (I) Page 3

Related Articles

Related forms

Related Categories