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Maternity Leave

Dáil Éireann Debate, Wednesday - 13 January 2021

Wednesday, 13 January 2021

Ceisteanna (603)

Carol Nolan

Ceist:

603. Deputy Carol Nolan asked the Minister for Children, Equality, Disability, Integration and Youth if he will bring forward primary legislation to amend the Maternity Protection Acts 1994 to 2004 in order to provide that women who had already started or completed their maternity period would be entitled to take a further 13 weeks leave; and if he will make a statement on the matter. [1040/21]

Amharc ar fhreagra

Freagraí scríofa

The Maternity Protection Acts provide for up to 26 weeks paid maternity leave, and a further 16 weeks unpaid leave. Where a child is born prematurely, additional weeks may be available.

There have been a number of developments in terms of leave for working parents in recent years, notably, in 2019, the extension of parental leave up to 26 weeks for a child under 12 years and the introduction of two weeks paid Parent's Leave and Benefit for each parent in the first year of a child's life.

In order to support parents of children born during the strict lockdown measures, the Government intends to extend Parents' Leave from two weeks to five weeks for each parent of all children born or adopted on or after 1 November 2019.

The Government also intends to extend the period in which Parents' Leave can be taken up until that child turns two years or, in the case of an adoption, two years after the adoption placement date of the child. This extension will apply to parents who may have already availed of their existing entitlements.

Heads of a Bill to effect these changes were approved by the Government in 2020 and it is anticipated that legislation will be introduced in the coming months.

Payment of Parents' Benefit is a matter for the Minister for Social Protection, and I understand that it will take time for the relevant IT system changes to be made. As a result, the estimated timescale for the necessary updates being put in place is April 2021.

However, I am examining whether it may be possible for Parents' Leave to be taken in advance of these changes and the benefit claimed retrospectively, once the legislation has been enacted. I will take advice from Parliamentary Counsel to ensure that it is possible to draft the legislation in this way. I will ensure that parents are fully informed of their entitlements in this regard as soon as possible.

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