Dáil Éireann debate -
Tuesday, 18 May 1999

Vol. 504 No. 7

Written Answers. - Maternity Leave.

Seán Haughey

Question:

264 Mr. Haughey asked the Minister for Social, Community and Family Affairs the position regarding the payment of maternity benefit where a part-time teacher may not have been employed for the ten weeks prior to the birth due to summer holidays and, in particular, the case of a person (details supplied) in Dublin 9; if this situation will be rectified; and if he will make a statement on the matter. [12551/99]

Minister for Social, Community and Family Affairs (Mr. D. Ahern)

One of the qualifying conditions for entitlement to maternity benefit is that the woman's employer must certify that she is entitled to maternity leave under the Maternity Protection Act, 1994. Accordingly, entitlement to maternity benefit is contingent, in the first instance, on the woman being entitled to maternity leave.

Under the terms of the Maternity Protection Act, 1994, a pregnant worker who has entered into or works under a contract of employment is entitled to 14 weeks unpaid maternity leave from her employer, at least four of which must be taken immediately before the baby is due and four weeks immediately after the baby is born. The balance of six weeks can be taken at the woman's discretion.

Where a woman finishes working and is no longer under a contract of employment, she is not normally entitled to maternity leave under the provisions of the Maternity Protection Act. However, as a woman can take up to a maximum of ten weeks maternity leave before the baby is due, if the baby is due within ten weeks of finishing work, it is possible for her employer to certify her as being entitled to maternity leave. Provided she has the necessary PRSI contributions, the woman will also be eligible for maternity benefit.

In the case in question, the woman, who is a part-time teacher, finished her contract in June 1998. As her baby was due in November 1998, i.e, 23 weeks after she finished her contract, she was not entitled to maternity leave under the provisions of the Maternity Protection Act. Accordingly, she does not qualify for maternity benefit. However, the woman concerned qualified for unemployment benefit during the period since her contract expired in June 1998 up to January 1999. She has made further claims for unemployment benefit in February and again in March.

I am already aware of the problems relating to entitlement to maternity benefit in cases such as that raised by the Deputy and, indeed, in similar cases where women are engaged in seasonal employment. However, as these matters also concern the woman's entitlement to maternity leave in the first instance, I have brought them to the attention of the Minister for Justice, Equality and Law Reform for consideration in the context of the review he is carrying out arising from the commitment in An Action Programme for the Millennium for the review and improvement of maternity protection legislation.

I should point out that any proposals to extend maternity benefit entitlement to additional categories such as seasonal workers would have cost implications and would have to be considered in a budgetary context, in the light of available resources.