Dáil Éireann Debate, Tuesday - 21 July 2020
563. Deputy Róisín Shortall asked the Minister for Justice and Equality her views on the situation of women that experience a serious or life threatening illness while on maternity leave and who are not eligible for postponement of their maternity leave during an illness; and if she will make a statement on the matter. [17329/20]
Amharc ar fhreagraAs the law now stands, a mother is entitled to paid maternity leave of up to 26 weeks, and up to a further 16 weeks of unpaid leave. Two weeks must be taken before the baby is due, and at least four weeks must be taken after the birth. Any amendment to the legislation governing the provision of maternity leave, which falls under my responsibility, would require primary legislation.
There is provision for a new mother to postpone the period of maternity leave/additional maternity leave (subject to the agreement of the employer) in the event of the hospitalisation of the child. Leave may only be postponed after 14 weeks maternity leave has be taken.
Provisions are in place for a mother who becomes ill during postponed maternity leave which can recommence the maternity leave or move to sick leave. Unpaid maternity leave can also be suspended, with the consent of an employer, if the mother becomes ill during this period. A mother may then qualify for illness benefit. However, the additional maternity leave cannot be taken later.
The provision of maternity benefit is under the remit of the Minister for Employment Affairs and Social Protection.
