Vol. 544 No. 2
120 Mr. C. Lenihan asked the Minister for Justice, Equality and Law Reform his plans to extend the existing statutory provisions regarding maternity leave to make provision for additional paid leave for mothers of premature infants who experience genuine health difficulties; and if he will make a statement on the matter. [28331/01]
There are no plans to make any further extensions to maternity leave at present. As the Deputy is no doubt aware, maternity leave, which attracts payment from the Department of Social, Community and Family Affairs subject to satisfaction of certain PRSI contribution conditions, was extended from 14 weeks to 18 weeks by order signed on 8 February 2001. The period of unpaid maternity leave was also extended from four to eight weeks.
The extension to maternity leave was on foot of the recommendations of the working group on the review and improvement of the maternity protection legislation. The report of the working group was published on 28 February 2001. Other recommendations of the working group remain to be implemented.
These recommendations are to make the period of additional, unpaid, maternity leave reckonable for the same employment rights that apply during a period of parental leave, accrual of annual leave entitlement, seniority, increments etc.; provision for paid time off work for mothers to attend one complete set of ante-natal classes. Also provision for paid time off for fathers to attend the last two classes immediately prior to the birth; employers to provide employees who have recently given birth and are breast-feeding with either an adjustment of working hours or breast-feeding facilities to express breastmilk in the workplace in order to facilitate breast-feeding for four months after the birth. The provision of breast-feeding facilities will be subject to it not giving rise to cost, other than nominal cost, to the employer; subject to the agreement of the employer, a mother may transfer from additional, unpaid, maternity leave to sick leave. In such cases, the employee would forfeit her right to any additional, unpaid, maternity leave not taken at the date of the commencement of the sick leave; a mother may, subject to the agreement of the employer, split her maternity leave in the event of hospitalisation of her baby. The employee must however take at least 14 weeks maternity leave, at least four of which must be after the end of the week of confinement, before she can return to work.
These outstanding recommendations in the report will require amendments to primary legislation and/or subsequent regulations. Heads of a Bill are being drafted in my Department at present.
