Dáil Éireann debate -
Tuesday, 30 Jan 2001

Vol. 529 No. 1

Written Answers. - Maternity Leave.

Michael Ring

Question:

1005 Mr. Ring asked the Minister for Justice, Equality and Law Reform if there are any plans to introduce legislation which would make it mandatory for employers to subsidise women on maternity leave in a a manner similar to those men and women who are sick and compensated with full wages; and if he will make a statement on the matter. [1211/01]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

My Department does not have any plans to introduce legislation which would make it mandatory for employers to pay women while on maternity leave. However, while there is no statutory obligation on employers to pay employees their full salary while on maternity leave, most public service employers and some private sector employers do opt to pay full salary to their employees while on maternity leave. This is similar to the situation in relation to sick leave, where some employees may claim benefit from the Department of Social, Community and Family Affairs, while some employers operate sick pay schemes for their employees.

As the Deputy is no doubt aware, my Department recently completed a review of maternity protection legislation in consultation with other relevant Government Departments and the social partners and in accordance with commitments in the Government Action Programme for the Mil lennium and the Programme for Prosperity and Fairness. The report of the working group on the review and improvement of the maternity protection legislation has been accepted by the Government and presented to the social partners under the Programme for Prosperity and Fairness. It will be published shortly. The working group agreed recommendations to improve maternity protection provision, including the increase, as announced in the budget, in the period of maternity leave (attracting payment) from 14 weeks to 18 weeks; and to increase the period of optional additional unpaid leave from four weeks to eight weeks. The recommendations of the working group will significantly improve conditions for expectant and new mothers in the workforce.

Section 22 of the Maternity Protection Act, 1994, provides that, when a woman is on maternity leave under section 8 of the Act, all rights associated with her employment are protected, except the right to remuneration. The period of maternity leave under section 8 of the Act attracts a payment (maternity benefit) from the Department of Social, Community and Family Affairs, subject to the applicant complying with certain qualifying conditions. Section 14 of the Act provides for "additional maternity leave" which is unpaid.

In the civil and public service, most employees are paid full salary by their employer. Public Service employers may recoup maternity benefit from the Department of Social, Community and Family Affairs in the case of employees who are fully insured for PRSI purposes.

In the private sector, some employers may opt to top up the payment which their employees receive from the Department of Social, Community and Family Affairs, which effectively means that the employees are paid their full salary.