Dáil Éireann Debate, Tuesday - 11 May 2004
323 Mr. Carey asked the Minister for Justice, Equality and Law Reform the reason a person (details supplied) in Dublin 11 will be deprived of four days’ holidays if they extend their maternity leave by eight weeks, and by two days if they extend it by four weeks; and if he will make a statement on the matter. [13600/04]
View answerI assume the Deputy is referring to the optional period of eight weeks additional maternity leave provided for in section 14 of the Maternity Protection Act 1994 which may be taken immediately after maternity leave. Section 22(2) of the 1994 Act provides that during additional maternity leave the employee is still in an employment relationship with the employer and retains rights in relation to that employment. However, the period of additional maternity leave is not counted as reckonable service and, therefore, there is no entitlement to any right based on reckonable service during the additional maternity leave period. Consequently, some employees may have their annual leave entitlement reduced on a pro rata basis in respect of an absence on additional maternity leave.
As the Deputy knows, the Maternity Protection (Amendment) Bill 2003 is currently progressing through the Oireachtas. Section 14 of the Bill addresses this issue by providing that an employee's absence from work on additional maternity leave will count for all employment rights associated with the employment, except remuneration and superannuation benefits such as annual leave. I am hopeful that the Bill will be enacted during the current session.
324 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the position regarding entitlement to maternity leave for workers on contract employment. [13650/04]
View answerThe Maternity Protection (Amendment) Act 1994 applies to all female employees regardless of the nature of their employment contract who have notified their employer of their condition and to male employees on the death of the mother following the recent birth of the child. The Act, as amended by SI. No. 29 of 2001, entitles a pregnant employee to 18 consecutive weeks maternity leave and eight weeks unpaid additional maternity leave.
Furthermore, the Protection of Employees (Fixed-Term Work) Act 2003 provides that an employee on a fixed-term contract cannot be treated less favourably in relation to conditions of employment including pay and pensions and maternity protection than a permanent comparator employed by the same or associated employer or an employer in the same industry or sector and doing the same or similar work or work of equal value as that permanent comparator.
