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Dáil Éireann debate -
Tuesday, 13 Oct 1998

Vol. 495 No. 1

Written Answers. - Maternity Protection Act, 1994.

Breeda Moynihan-Cronin

Question:

360 Mrs. B. Moynihan-Cronin asked the Minister for Justice, Equality and Law Reform the plans, if any, he has to amend the Maternity Protection Act, 1994, to include seasonal workers; if his attention has been drawn to the hardship being caused to these workers regarding social welfare benefits; and if he will make a statement on the matter. [19327/98]

There are no service qualifications for any of the rights provided under the Maternity Protection Act, 1994. The Act applies to all female employees who have notified their employer of their condition.

The Maternity Protection Act, 1994, provides that a pregnant employee is entitled to a period of maternity leave of 14 consecutive weeks, known as "the minimum period of maternity leave", of which at least four weeks must be taken before the end of the week in which her baby is due and four weeks after that week. The remaining six weeks can be taken before or after the birth, as the employee wishes. The Act also provides an entitlement to an optional further four weeks additional maternity leave following on immediately from the minimum period. During absences under the Act all employment rights (except the right to remuneration) are preserved.

Accordingly, all pregnant employees, including seasonal workers, who have complied with the necessary notification procedures in respect of their employers, are entitled to the minimum period of maternity leave under the Maternity Protection Act, 1994 and all associated rights and protections.

The question of maternity benefit is a matter for my colleague, the Minister for Social, Community and Family Affairs. However, I understand that, in order to qualify for maternity benefit, a pregnant employee must have been granted leave from her employment in accordance with Section 8 of the Maternity Protection Act, 1994, and have the necessary social insurance contributions.
In accordance with an undertaking in An Action Programme for the Millennium, my Department has recently commenced a review of the Maternity Protection Act, 1994. The treatment of seasonal workers and entitlement to maternity leave will be examined in the context of that review.
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