The Deputy is referring to situations where a new baby is hospitalised for an extended period after birth and implications arising from that situation where entitlement to maternity benefit and maternity leave is of a defined duration. Entitlement to maternity benefit is contingent in the first instance on entitlement to statutory maternity leave. The right to maternity leave is established under maternity protection legislation, which is the responsibility of my colleague the Minister for Justice, Equality and Law Reform.
This issue was considered in conjunction with the social partners in the context of a review of maternity protection legislation in 2001. The recommendation was that in the event of hospitalisation of a child, an employee should be able to return to work after a minimum of 14 weeks maternity leave, retaining her entitlement to take the balance of her leave when her baby was discharged from hospital. With effect from October 2004, the legislation was amended to provide for these situations. Where maternity benefit has been in payment for a minimum period of 14 weeks, payment may be postponed where the baby has been hospitalised.
The legislation requires that an application to postpone payment must be made in writing; that the maximum duration of the postponement of benefit will be six months, and that payment will resume within seven days following written notification of the baby's discharge from hospital. Payment will then resume until the full duration of benefit is completed. Any further amendments to these provisions would be a matter for my colleague, the Minister for Justice, Equality and Law Reform to consider in the first instance.