Pádraic McCormack
Ceist:399 Mr. McCormack asked the Minister for Justice, Equality and Law Reform if employers are obliged to pay employees who are on maternity leave; and if there is a regulation in his Department concerning this matter. [9870/02]
Written Answers. - Departmental Staff.
The Maternity Protection Act, 1994, provides an entitlement to 18 weeks maternity leave and eight weeks additional maternity leave. An employer is not obliged to pay an employee in respect of either type of maternity leave.
Section 22 of the Maternity Protection Act, 1994, provides that, when a woman is on maternity leave under section 8 of the Act, all rights associated with her employment are protected, except the right to remuneration. The period of maternity leave under section 8 of the Act attracts a payment, maternity benefit from the Department of Social, Community and Family Affairs, subject to the applicant complying with certain qualifying conditions. Section 22 of the Act also provides that during a period of additional maternity leave under section 14 of the Act an employee is not entitled to remuneration from her employer. Maternity benefit is not payable in respect of additional maternity leave.