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10 Appendix 1: Childcare Legal Context 10.1 Introduction The legal provisions on maternity in employment are contained in the Maternity Protection Acts 1994 and 2004, the Unfair Dismissals Acts 1977 - 2001 and the Safety, Health and Welfare at Work (pregnant employees) Regulation 2000. The legislations covers: 1. All pregnant employees 2. All employees for a period of 14 weeks after they have given birth, and 3. All employees who are breastfeeding for a period of up to 26 weeks from the date of birth provided they have informed their employer of their condition. 10.2 Maternity Protection Act, 1994 and 2004 From March 2006, any pregnant employee is entitled to 22 consecutive weeks' maternity leave. Four of the 22 weeks have to be taken before the end of the week of the expected date of confinement and 4 weeks after. From March 2007, this will be increased by a further 4 weeks which will entitle mothers of new-born children a full six months of paid maternity leave. Should confinement take place 4 weeks or more before the expected week of confinement, the employee is entitled to a full 22 weeks beginning on the date of the birth, or the first day of maternity leave (if she is already on leave) whichever is the earlier. Should the birth take place later than expected and the employee has less than 4 weeks leave after confinement, the minimum period will be extended by up to but not more than 4 weeks to ensure that she has 4 weeks after the birth. There is no entitlement to statutory maternity leave for a miscarriage occurring up to and including the 24th week of pregnancy. Any confinement occurring after the 24th week, even if it does not result in a live birth, is covered by the Act. There is no obligation on employers to pay women on maternity leave unless there is an agreement to the contrary based on the terms of the contract of employment. An employee may qualify for a Social Welfare payment/ Maternity Benefit from the Department of Social and Family Affairs. Social Welfare maternity is 80% of an employee's reckonable earnings to a ceiling of €12,000. The minimum maternity benefit for 2005 was €165.60 and the maximum rate was €249 per week. At the end of the maternity leave, the employee must be allowed to return to her old job. From March 2006, employees who have taken maternity leave have the right to take 12 consecutive weeks additional maternity leave if they so desire. This will be increased by another 4 weeks in 2007, bringing the total unpaid maternity leave to 16 weeks. There is no entitlement to social welfare maternity benefit during this period. The employer is not obliged unless there is an agreement to the contrary, to make payment during the additional maternity leave. For 2006, the combined paid and unpaid maternity leave is 34 weeks and for 2007 it is 42 weeks. In addition, there is an entitlement to 14 weeks of unpaid parental leave as outlined in a later section. The Maternity Protection Bill 2003 provides for paid time off for the mother to attend a set of ante-natal classes and for the father to attend the last two such classes. 10.2.1 Notification THE EMPLOYEE MUST: Give the employer notice in writing, enclosing a medical certificate confirming the pregnancy and indicating the expected week of confinement Give the employer notice four weeks before the beginning of maternity leave i.e. eight weeks before it is expected the baby will be born Give the employer notice of additional maternity leave page 28
at least four weeks before the day on which her additional maternity leave is due to commence Give the employer 4 weeks written notice of her intention to return after her maternity leave Give the employer at least 2 weeks notice before the first ante-natal class and appropriate documentation, giving the dates and times of the classes, and Take additional maternity leave immediately following ordinary maternity leave. If an employee fails to give the four weeks written notification of her return to work that may be a fair reason for her dismissal. Fathers are only entitled to maternity leave if the mother dies while on maternity leave. In these circumstances, the father may be entitled to the unused part of the mother's leave. 10.3 Maternity Protection (Protection of Mothers who are Breastfeeding) Regulations 2004 An employee who is breastfeeding and to whom Maternity Act 1994 (No. 34 of 1994) applies shall be entitled, without loss of pay, to take one hour off from her work each working day as a breastfeeding break which may be taken in the form of: - One break of 60 minutes - Two breaks of 30 minutes each, or - Three breaks of 20 minutes each or in such other manner and duration as may be agreed by her and her employer. An employee who is breastfeeding shall be entitled, without loss of pay to have her working hours reduced by one or any combination as shown above. Part-time employees who are breast-feeding are entitled to the same conditions on a pro-rata basis. 10.3.1 Notification The employee who is breastfeeding and wishes to exercise her entitlements must: Notify the employer as soon as is reasonably practicable or not later than the date shown in Maternity Act 1994 and Furnish if requested, the birth certificate of the child concerned or any other document establishing the date of birth of the child. 10.4 Adoptive Leave Act, 1995 The Act entitles female employees, and in certain circumstances male employees, to employment leave for the purposes of child adoption. The leave entitlement is for 16 weeks after the adoption takes place, but an additional 8 weeks unpaid leave may be claimed. During the adoptive leave, all normal contractual entitlements other than wages or salary are maintained. The Social Welfare Acts provide the payment of an adoptive allowance for employees taking Statutory Adoptive Leave. At the end of the adoptive leave, the employees must be allowed to return to their old job. 10.4.1 Notification THE EMPLOYEE MUST: Give the employer a minimum of 4 weeks notice before the expected placement of the child Give the employer notice in writing at least 4 weeks beforehand of their intention to take additional adoptive leave Give the employer written notice at least 4 weeks before the date on which she/he intends to return to work after adoptive or additional adoptive leave Take additional adoptive leave immediately following ordinary adoptive leave, and Furnish the employer with a certificate of placement (in the case of Irish adoptions). page 29
Page 1: Supporting Employers Supporting Chi
Page 5: Table of Contents 1 Executive Summa
Page 8 and 9: The legislation covers all pregnant
Page 10 and 11: 3 Employer Childcare Options 3.1 In
Page 12 and 13: The employees get to spend quality
Page 14 and 15: Market Feasibility This includes a
Page 16 and 17: 4 Grants 4.1 Equal Opportunity Chil
Page 18 and 19: employees is exempt from Employer's
Page 20 and 21: 6 Case Studies (Large) 6.1 Northbro
Page 22 and 23: 6.3.2 Measures Penguin measures to
Page 24 and 25: • Lactation support network • P
Page 26 and 27: 7 Case Studies (Medium) 7.1 Botanic
Page 28 and 29: 8 Case Studies (Small) 8.1 Calor Ga
Page 31: 9 Appendices APPENDIX 1 28 Childca
Page 35 and 36: 10.8 Disputes Under the Acts Disput
Page 37 and 38: 11.6 Force Majeure Leave All employ
Page 39 and 40: Contact Details for County and City
Page 41 and 42: 12.1 Other Useful Contacts Contact
Page 43 and 44: c.Child #3 ❑ Under 1 Year ❑ 1 -
Page 45 and 46: 14 Appendix 5: Examples from Best U
Page 47 and 48: last year to a whopping 4,000 from

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