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Dáil Éireann debate -
Tuesday, 30 Jan 2001

Vol. 529 No. 1

Written Answers. - Maternity Leave.

Richard Bruton

Question:

977 Mr. R. Bruton asked the Minister for Justice, Equality and Law Reform if he will consider granting extended maternity leave to all those commencing maternity leave after the date of the budget to facilitate those who are due to take leave in the immediate future. [2105/01]

Tony Gregory

Question:

978 Mr. Gregory asked the Minister for Justice, Equality and Law Reform the position regarding extended maternity leave announced in the budget for persons on maternity leave up to and after 2 April 2001. [2159/01]

Willie Penrose

Question:

979 Mr. Penrose asked the Minister for Justice, Equality and Law Reform when the extended period for maternity leave will come into effect; if it will be retrospective to 1 January 2001; and if he will make a statement on the matter. [2282/01]

Michael Creed

Question:

992 Mr. Creed asked the Minister for Justice, Equality and Law Reform if he will ensure that the recently announced improvements in maternity benefit and unpaid leave will be made available to all expectant mothers from the date of the budget announcement; and if these improved benefits will be available to a person (details supplied) in County Cork. [30549/00]

Olivia Mitchell

Question:

993 Ms O. Mitchell asked the Minister for Justice, Equality and Law Reform if he will make the provisions for extended maternity leave applicable immediately rather than from April 2001. [30573/00]

Alan Shatter

Question:

997 Mr. Shatter asked the Minister for Justice, Equality and Law Reform his views on whether it is unjust that mothers commencing maternity leave prior to 2 April 2001 are not able to avail of the paid maternity leave increased period of 18 weeks and the unpaid leave increased period of eight weeks; if he will back-date the increase to all mothers who commenced maternity leave as and from the date of the budget; and if he will make a statement on the matter. [1039/01]

Seán Haughey

Question:

999 Mr. Haughey asked the Minister for Justice, Equality and Law Reform if the proposed four week extension of maternity leave will apply to any woman who is already on leave on 1 April 2001; and if he will make a statement on the matter. [1070/01]

John Perry

Question:

1016 Mr. Perry asked the Minister for Justice, Equality and Law Reform if a person (details supplied) in County Sligo is entitled to the additional four weeks paid maternity leave recently announced in the budget as her maternity leave will become effective from 31 January 2001; and if he will make a statement on the matter. [1373/01]

Deirdre Clune

Question:

1020 Ms Clune asked the Minister for Justice, Equality and Law Reform if he will provide details of the revised entitlements for maternity leave as announced in budget 2001; the date from which these entitlements will apply; and if he will make a statement on the matter. [1431/01]

I propose to take Questions Nos. 977, 978, 979, 992, 993, 997, 999, 1016 and 1020 together.

I would like to outline the position in relation to the implementation of the increases in maternity and adoptive leave announced in the budget.

As the Deputies will be aware, an extension of four weeks to the period of maternity leave, which attracts a payment, increasing the entitlement from 14 to 18 weeks and an extension of four weeks to unpaid maternity leave increasing the entitlement from four to eight weeks was announced in budget 2001. In accordance with the budget announcement, the increase in maternity leave, attracting a payment, will be applicable to women commencing maternity leave on or after 2 April 2001. This date is in line with the introduction of other social welfare increases announced in the budget. However, in order to give people the maximum possible benefit from the proposed extension of maternity leave, I, together with my colleagues the Ministers for Finance and Social, Community and Family Affairs, intend to have the extension of the duration of maternity leave introduced at the earliest possible date which complies with the Maternity Protection Act, 1994.

In order to provide for the increased entitlements to maternity leave it is necessary to amend the Maternity Protection Act, 1994, by means of an order under that Act. The order requires a resolution of both Houses of the Oireachtas. The timing of the making of the order will depend on the completion of the drafting of the order and compliance with the necessary Oireachtas procedures. The order is being finalised at present by my Department in consultation with the Attorney General's office. I would like to assure all Deputies that this work is being afforded the utmost priority.
It is necessary to have the order in place when a woman is giving the statutory minimum four weeks notice to her employer of going on maternity leave, in order to comply with the notice requirements laid down in the Maternity Protection Act, 1994. The entitlement to the extra paid maternity leave will therefore apply to women who can comply with this four-week notification requirement. It is not possible to backdate the entitlement to people already on maternity leave, as this would mean that the order would have retrospective application which is not permissible under the Act.
The position in relation to the unpaid maternity leave is different. As the notice requirements under the Maternity Protection Act are different for unpaid leave than paid maternity leave, it will be possible to bring in the entitlement to the extra four weeks unpaid leave for any woman who has four weeks or more of her paid maternity leave left on the date on which the order is made.
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