Jim Higgins
Question:147 Mr. Higgins (Mayo) asked the Minister for Justice, Equality and Law Reform if maternity leave of 18 weeks will be applicable to a person (details supplied) in County Roscommon. [2684/01]
Written Answers. - Parental Leave.
Richard Bruton
Question:148 Mr. R. Bruton asked the Minister for Justice, Equality and Law Reform if he will make arrangements to ensure that the extended period of maternity leave will be available to any person whose baby is due after the implementation date in April 2001 when the new maternity leave provisions come into place, and that he will not confine this provision only to persons who commence their maternity leave after the implementation date. [2686/01]
I propose to take Questions Nos. 147 and 148 together.
The position in relation to the implementation of the increases in maternity and adoptive leave announced in the budget is that in accordance with the budget announcement, the increases in the periods of maternity leave 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.
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.
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, in respect of paid leave. The entitlement to the extra paid maternity leave will apply, therefore, to women who can comply with this four week notification requirement.
As the notice requirements under the Maternity Protection Act are different for unpaid 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. It is intended to provide that entitlement to the increased periods of maternity leave will be based on the date of commencement of leave rather than the expected date of confinement.
It is hoped to make the order as early as possible in February. This will in effect mean that the increased entitlement to paid maternity leave will apply to women commencing maternity leave some time in March and whose babies are due sometime in April. It is not, however, possible at this stage to indicate the effective date of the order.
In the case of a baby due in mid-March, the woman would be required, under the Act, to commence maternity leave at the latest by mid-February and to give her employer notice of her intention to take leave in mid-January. As the order was not in place at that time, she would not be entitled to the extra paid maternity leave. She would, however, be entitled to the four weeks extra unpaid additional leave.