Ivor Callely
Question:33 Mr. Callely asked the Minister for Equality and Law Reform the current position regarding maternity entitlements for parents; and if he will make a statement on the matter. [8942/96]
Written Answers. - Maternity Entitlements.
The Maternity Protection Act, 1994, provides entitlements for any employee who is pregnant, who has recently given birth or who is breast feeding. It entitles such employees to 14 consecutive weeks' maternity leave. The Act also entitles such employees, if they so wish, to additional maternity leave of up to four weeks, which must follow on immediately from the maternity leave. During pregnancy and for the 14 week period following the birth, employees are entitled to time off work during normal working hours, without loss of pay, for ante-natal and post-natal medical care.
The Adoptive Leave Act, 1995, provides an entitlement to a minimum period of ten consecutive weeks' adoptive leave for female employees, commencing on the day of placement of the child. In addition, such employees are entitled to avail of additional adoptive leave of up to four weeks, following immediately on the period of adoptive leave. During the 14 weeks' maternity leave and ten weeks' adoptive leave all employment rights, other than the right to remuneration, are guaranteed. Employees who fulfil certain social security contribution requirements are entitled to payment of a social security benefit for these periods. Under both pieces of legislation, special leave in certain limited circumstances, is available to fathers and to sole male adopters.
In addition, where because of risk in the workplace or arising from nightwork, and where it is not feasible to either remove the risk or provide suitable alternative work, an employee can be granted leave to protect her health and safety under the Maternity Protection Act, 1994.
All of the above entitlements are subject to the employee providing the required notifications to their employer. Following any absences authorised under the Acts, an employee has the right to return to work in the same employment and under the same conditions as existed prior to the absence. Disputes regarding any of the above entitlements can be resolved before a rights commissioner or on appeal to the Employment Appeals Tribunal. Protection against dismissal in connection with the exercise of any rights under both Acts is also provided.