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Legislative Measures

Dáil Éireann Debate, Wednesday - 12 July 2023

Wednesday, 12 July 2023

Questions (222)

Jim O'Callaghan

Question:

222. Deputy Jim O'Callaghan asked the Minister for Children, Equality, Disability, Integration and Youth the number of times the postponement part of the Maternity Protection (Amendment) Act 2004 has been accessed. [34580/23]

View answer

Written answers

The Maternity Protection Act 1994 and the Maternity Protection (Amendment) Act 2004 provide a pregnant employee with six months of paid maternity leave and an additional 16 weeks of unpaid leave, alongside other entitlements such as breastfeeding breaks which will be extended to two years following the birth of the child through the Work Life Balance and Miscellaneous Provisions Act 2023.

The Act includes provisions for the postponement of maternity leave in the event of the hospitalisation of the child and for the termination of additional unpaid maternity leave in the event of illness of the mother. Section 14B of the Maternity Protection Acts provides for postponement of maternity leave or additional maternity leave in event of hospitalisation of child. Section 16B provides for postponement of leave under section 16 in event of hospitalisation of child, by a father or other parent entitled to leave on death of the mother. Section 29 provides for postponement of return to work where it is unreasonable to expect the employee to do so because of an interruption or cessation of work at an employee’s place of employment.

The Department does not collect information on whether a parent has availed of these postponement options. However, the Department of Social Protection is responsible for the payment of Maternity Benefit and does not have records of any postponement since January 2020.

All forms of family leave are kept under review to ensure that they are effective in supporting families and children. I have asked my officials to examine the issues raised by the Irish Cancer Society regarding the deferral of maternity leave where a mother falls ill during this period and this work is ongoing.

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