Your Guide To Maternity Leave In Ireland (2024)

If you are expecting a baby, it’s very important to find out whether you are entitled to maternity leave and/or Maternity Benefit. Contracts of employment and personal circumstances differ, but you should be aware of the standard provision for maternity leave in Ireland so that you can be sure you are not missing out.

Contents

• • • What is Maternity Leave?
    • Is Maternity Leave Paid?
    • What is Maternity benefit?
    • Returning to Work
    • How To Apply For Maternity Leave
    • Important Information About Maternity Leave
    • Other Statutory Parental Leave

• What is Maternity Leave?

  Maternity leave is the time you take off work when you are pregnant and have just given birth. You must take at least two weeks of maternity leave before your baby is due and at least four weeks of maternity leave after your baby is born.

• If you’re pregnant and you’re an employee, you have the right to take 26 weeks maternity leave. You can also choose to take up to 16 weeks of additional maternity leave. You are entitled to take this time off whether you are a full-time, casual or part-time employee, regardless of how long you have been working for your employer.If you choose to take up to 16 weeks of additional maternity leave, you must begin this immediately after your basic maternity leave and this may be unpaid. This additional leave will not be covered by Maternity Benefit, and if you become ill during this time, you may request that your additional maternity leave is ended and you will be considered to be on sick leave instead.This legislation is covered in the Maternity Protection (Amendment) Acts of 2004 and 1994, which also set out your entitlement to Maternity Benefit during basic maternity leave. In July 2023, this legislation was made applicable to transgender men who are pregnant or have given birth, in line with the Gender Recognition Act 2015. You can also find these new rights detailed in the Work Life Balance and Miscellaneous Provisions Act 2022.
• You must give your employer at least 4 weeks’ written notice of your intention to take maternity leave, and provide a medical certificate to confirm your pregnancy. You should also provide at least 4 weeks’ written notice if you intend to take an additional 16 weeks of unpaid maternity leave, and you can give both notices at the same time.
  

  Is Maternity Leave Paid?

  Your contract of employment will detail your entitlement to pay during maternity leave. Employers are not obliged to pay you while you are on maternity leave, but you will qualify for Maternity Benefit (see below) if you have enough PRSI contributions. Some employers, however, make additional provision for maternity leave to ensure that the employee receives their full pay less the amount of Maternity Benefit received.

  You are entitled to receive additional leave for any public holidays which occur during your maternity leave, including your additional maternity leave. You will continue to accrue annual leave and public holiday entitlement while you are on maternity leave or additional maternity leave.

• What is Maternity Benefit?

  Maternity Benefit is paid to those who are on maternity leave, provided they have enough PRSI contributions on their social insurance record. Maternity Benefit should be applied for at least six weeks before your maternity leave is due to start, or twelve weeks if you are self-employed. You may be entitled to half-rate Maternity Benefit if you are already in receipt of some social welfare payments and it is important to seek advice if your situation is complicated.

• Maternity Benefit is paid for 26 weeks (156 days), and it is taxable. If you choose to take a further 16 weeks of unpaid additional maternity leave, this will not be covered by Maternity Benefit, but you will be entitled to a credited social insurance contribution for each week of unpaid leave that you choose to take, up to 16 weeks. While you are in receipt of Maternity Benefit, you may not take on any paid employment. You may, however, work in a voluntary capacity, or as a public representative, or attend courses of education. Maternity Benefit is paid weekly in advance, at a standard weekly rate. Payment is made directly into your bank account, or directly to your employer’s bank account if this is preferable to you. In 2024, the standard Maternity Benefit payment is €274 weekly.
• You can apply for Maternity Benefit online or by post, and you will need to include a form completed by your employer or your doctor. You can read more about Maternity Benefit here. 

Returning To Work

You must give your employer at least 4 weeks’ written notice of your intention to return to work. When you return to work, the law states that you are entitled to return to the same job, with the same contract of employment. The Maternity Protection Act 1994 states that your employer must provide you with suitable alternative work if it is not ‘reasonably practicable’ for you to return to your former job, but qualifies that this new position should not offer substantially less favourable terms than your previous job.

According to the law, your employment conditions cannot be made worse while you are on maternity leave, and if you would have been given a pay rise or working conditions have been improved while you have been on maternity leave, you are entitled to these on your return to work. While you are receiving Maternity Benefit, you will be awarded PRSI credits. If you also choose to take unpaid additional maternity leave, your employer should complete an application form for maternity leave credits when you return to work.

If you decide not to return to work when your maternity leave ends, you should give notice to your employer as per your contract of employment. If you choose to return to work less than 26 weeks after the birth of your baby, you may be entitled to take some time off or reduce your hours without loss of pay if you are breastfeeding. This applies for up to two years after you give birth.

How to Apply for Maternity Leave

When you are making plans for your maternity leave, it is important to inform your employer. You should give your employer written notice of your intention to take maternity leave at least four weeks before you intend this leave to begin, and employers will usually appreciate as much notice as possible. You must provide a medical certificate confirming your pregnancy when you give this notice. 

If you intend to take up to 16 weeks of additional maternity leave, you will also need to give written notice at least four weeks before this. You can give notice for both maternity leave periods at the same time if you wish to do so. 

If your doctor requires you to begin your maternity leave earlier than planned for medical reasons, you will require a medical certificate stating this. You will not need to give any other notice in this situation. 

Special circumstances apply if your baby is born more than four weeks before your due date. In this case, you must inform your employer within 14 days of your baby’s birth and you do not need to give any other notice.

Important Information about Maternity Leave in Ireland

While you are on maternity leave or additional maternity leave, you should be treated as if you are in employment so that you continue to accrue annual leave and leave for any public holidays that occur during your maternity leave. 

You are protected from unfair dismissal during maternity leave by maternity legislation, and you can make a complaint to the Workplace Relations Commission if you find yourself in dispute with your employer about your rights surrounding maternity leave.

You are entitled to take time off work for medical appointments and visits while you are pregnant and up to 14 weeks after you give birth. You are entitled to be paid for this time off, including your travel time to and from appointments. You may need to show your employer a doctor’s note and/or appointment card to confirm your medical appointments.

You are also entitled to take paid time off work to attend one set of antenatal classes, apart from the last three classes. This entitlement also refers to fathers and non-birthing partners, who are entitled to take paid time off work to attend the last two antenatal classes, immediately before their baby is due.

You should be aware of any circumstances of risk surrounding your work, and your employer should carry out specific risk assessments if you are pregnant, have given birth recently or are breastfeeding. Your duties at work may need to change to reflect any increased risk, and if this is not possible, you should be placed on health and safety leave, which may continue until your maternity leave begins. Payment for health and safety leave includes your usual wages for the first three weeks, followed by Health and Safety Benefit, which is dependent on your PRSI contributions. 

If your baby is premature, you are entitled to take an extended period of maternity leave after your basic 26 weeks of maternity leave is over. This extended period of maternity leave will cover the time period between the date on which your baby was born and the date on which you had expected to start your maternity leave. For example, if you had planned to begin your maternity leave when you were 37 weeks pregnant but gave birth when you were 29 weeks pregnant, you would be able to claim an additional 8 weeks of maternity leave at the end of your 26 week basic maternity leave. You would continue to receive Maternity Benefit for this extra period.

If your baby is in hospital, you may apply to postpone your maternity leave under section 7 of the Maternity Protection (Amendment) Act 2004. This application can be made whether you are on basic maternity leave or additional maternity leave, but you should note that your employer has the right to refuse this application.

It is important to understand that you are still entitled to take full maternity leave if you experience a stillbirth or miscarriage at any time after the 24th week of pregnancy, including additional maternity leave. If you have paid enough PRSI contributions, you will be entitled to receive Maternity Benefit for the basic 26 weeks of maternity leave. Your application for Maternity Benefit will need to include a letter from your doctor, confirming the expected date of birth, actual date of birth and the number of weeks pregnant you were at this time.

Paternity Leave

Paternity leave can be taken by new parents at any time in the first six months after a baby is born or a child is adopted. This is usually taken by the non-birthing parent. People who are on paternity leave, whether employed or self-employed, are entitled to Paternity Benefit and you can read more about this here. 

If the mother or birthing parent dies within 40 weeks of giving birth, the father or non-birthing parent is entitled to take maternity leave, which must start within seven days of the date of death. 

Other Statutory Parental Leave

There are several options for parents to take statutory leave, additionally to maternity or paternity leave. Entitlement to these types of leave may be dependent on the length of time you have worked for your employer. These types of leave include:

•  Parental leave. Parental Leave allows parents to take unpaid leave from work in order to look after their children. You can take up to 26 weeks’ parental leave for each eligible child, and this must be taken before their 12th birthday.
• Parent’s leave. Parens have the right to take seven weeks of parental leave during the first two years of a child’s life, or within two years of placement if the child is adopted. You may be able to claim Parent’s Benefit at this time.
• Adoptive leave. Adoptive leave applies to a one parent in a couple or a single parent adopting.
• Force Majeure leave. If you have to take time off work unexpectedly, to manage the injury or illness of a close family member, this may be counted as Force Majeure leave. 
• Carer’s leave. Carer’s leave applies to those who need to take time off work to give full-time care on a temporary basis. 
• Leave for medical care. Entitlement to leave for medical care gives carers and parents five days of unpaid leave to provide care or support for a ‘serious medical reason.’

It is important to understand the criteria for these types of leave so that you know what you are entitled to. For instance, in order to be eligible for parental leave, you must:

• Be a relevant parent. This means you are either a parent, an adoptive parent, or a person acting in ‘loco parentis’ (acting as a parent to the child)
• Take the leave before your child’s 12th birthday (or 16th birthday if your child has a disability or long-term illness)
• Give at least 6 weeks’ notice to your employer
• Take the leave in either one continuous period, or in blocks of at least 6 weeks
   

It’s a good idea to seek advice relevant to your personal situation to ensure that you are acting on the correct information regarding maternity leave and other statutory parental leave.

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Joe Robbins

(Director) BBS (Hons), MBPICS – Shannon Office

Joe Robbins is co-founder of CareerWise Recruitment. A graduate of the University of Limerick (Degree in Business Studies, 1985), Joe worked in the UK for five years where he specialised in materials management, production management and plant management for a number of companies.

He returned to Ireland in 1992 to become Operations Manager for a Cork-based start-up, FMC Automotive Division which was subsequently taken over by Snap-on Equipment. Joe managed the business re-location of this company to Shannon in 1997 before setting up CareerWise Recruitment in 1999.

He is a committee member of the Chartered Institute of Personnel and Development (CIPD) Mid-West region, and a former Director and Vice President of the Shannon Chamber of Commerce. Joe is former Chairperson of the Sixmilebridge Camogie Club and current Chairperson of the Clare County Camogie Board.

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