Maternity Protection Act 1994


Number 34 of 1994


MATERNITY PROTECTION ACT 1994

REVISED

Updated to 23 December 2017


This Revised Act is an administrative consolidation of the Maternity Protection Act 1994. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Social Welfare Act 2017 (38/2017), enacted 23 December 2017, and all statutory instruments up to and including European Union (Indices Used as Benchmarks in Financial Instruments and Financial Contracts or to Measure the Performance of Investment Funds) Regulations 2017 (S.I. No. 644 of 2017), made 22 December 2017, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 34 of 1994


MATERNITY PROTECTION ACT 1994

REVISED

Updated to 23 December 2017


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Maternity Protection Acts 1994 and 2004 : this Act is one of a group of Acts included in this collective citation to be construed together as one ( Maternity Protection (Amendment) Act 2004, s. 27(2)). The Acts in the group are:

Maternity Protection Act 1994 (34/1994)

Maternity Protection (Amendment) Act 2004 (28/2004)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1990, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Social Welfare Act 2017 (38/2017)

Paternity Leave and Benefit Act 2016 (11/2016)

Workplace Relations Act 2015 (16/2015)

Children and Family Relationships Act 2015 (9/2015)

Education and Training Boards Act 2013 (11/2013)

Maternity Protection (Amendment) Act 2004 (28/2004)

Employment Equality Act 1998 (21/1998)

All Acts up to and including Social Welfare Act 2017 (38/2017), enacted 23 December 2017, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Equality, Integration, Disability and Human Rights (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 139 of 2011)

Equality, Integration, Disability and Human Rights (Transfer of Departmental Administration and Ministerial Functions) Order 2010 (S.I. No. 217 of 2010)

Maternity Protection Act 1994 (Extension of Periods of Leave) Order 2006 (S.I. No. 51 of 2006)

Maternity Protection (Postponement of Leave) Regulations 2004 (S.I. No. 655 of 2004)

Maternity Protection (Protection of Mothers Who Are Breastfeeding) Regulations 2004 (S.I. No. 654 of 2004)

Maternity Protection (Time Off For Ante-Natal Classes) Regulations 2004 (S.I. No. 653 of 2004)

Maternity Protection Act, 1994 (Extension of Periods of Leave) Order 2001 (S.I. No. 29 of 2001)

Maternity Protection (Maximum Compensation) Regulations 1999 (S.I. No. 134 of 1999)

Justice (Alteration of Name of Department and Title of Minister) Order 1997 (S.I. No. 298 of 1997)

Equality and Law Reform (Transfer of Departmental Administration and Ministerial Functions) Order 1997 (S.I. No. 297 of 1997)

Maternity Protection (Health and Safety Leave Remuneration) Regulations 1995 (S.I. No. 20 of 1995)

Maternity Protection (Health and Safety Leave Certification) Regulations 1995 (S.I. No. 19 of 1995)

Maternity Protection (Time Off For Ante-Natal and Post-Natal Care) Regulations 1995 (S.I. No. 18 of 1995)

Maternity Protection (Disputes and Appeals) Regulations 1995 (S.I. No. 17 of 1995)

Maternity Protection Act, 1994 (Commencement) Order 1995 (S.I. No. 16 of 1995)

All statutory instruments up to and including European Union (Indices Used as Benchmarks in Financial Instruments and Financial Contracts or to Measure the Performance of Investment Funds) Regulations 2017 (S.I. No. 644 of 2017), made 22 December 2017, were considered in the preparation of this revision.


Number 34 of 1994


MATERNITY PROTECTION ACT 1994

REVISED

Updated to 23 December 2017


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title and commencement.

2.

Interpretation.

3.

Orders and regulations.

4.

Voidance or modification of certain provisions in agreements.

5.

Expenses.

6.

Repeal of 1981 Act, as amended.

PART II

Maternity Leave

7.

Interpretation of Part II .

8.

Entitlement to maternity leave.

8A.

Supplemental provisions relating to premature birth period.

9.

Notification to employer.

10.

Allocation of minimum period of maternity leave.

11.

Variation in allocation of minimum period of maternity leave.

12.

Extension of maternity leave.

13.

Commencement of maternity leave (early confinement).

13A.

Additional provision for certain early confinement circumstances.

14.

Entitlement to additional maternity leave.

14A.

Termination of additional maternity leave in event of sickness of mother.

14B.

Postponement of maternity leave or additional maternity leave in event of hospitalisation of child.

15.

Right to time off from work for ante-natal or post-natal care.

15A.

Entitlement to time off from work to attend ante-natal classes.

15B.

Entitlement to time off from work or reduction of working hours for breastfeeding.

16.

Entitlement of employed father to leave on death of mother.

16A.

Termination of leave in event of sickness of father.

16B.

Postponement of leave under section 16 in event of hospitalisation of child.

PART III

Leave to Protect Health and Safety of Pregnant Employees, etc.

17.

Employees to whom Part III applies.

18.

Leave on health and safety grounds.

19.

Ending of leave under section 18 where no change of circumstances.

20.

Ending of leave under section 18 on change of circumstances.

PART IV

Employment Protection

21.

Interpretation of Part IV .

22.

Preservation or suspension of certain rights, etc. while on protective leave, etc.

23.

Voidance of certain purported terminations of employment, etc.

24.

Extension of certain notices of termination of employment or of certain suspensions.

25.

Provisions regarding periods of probation, training and apprenticeship.

26.

General right to return to work on expiry of protective leave.

27.

Right to suitable alternative work in certain circumstances on return to work.

28.

Notification of intention to return to work.

29.

Postponement of return to work.

PART V

Resolution of Disputes

30.

Reference of disputes to which Part V applies.

31.

Procedure for referral of disputes to rights commissioner.

32.

[ Decision under section 41 or 44 of Workplace Relations Act 2015.]

33.

Appeal from decision of rights commissioner.

33A.

Burden of proof.

34.

Appeal to High Court on point of law.

35.

Service of documents.

36.

Provisions relating to winding up and bankruptcy.

37.

Enforcement of decisions and determinations.

PART VI

Amendments and Application of Other Enactments

38.

Amendments relating to unfair dismissal.

39.

Amendment of Schedule 3 to Redundancy Payments Act, 1967.

40.

Provisions applying where employee not permitted to return to work.

41.

Protection of employee’s rights on insolvency of employer.


Number 34 of 1994


MATERNITY PROTECTION ACT 1994

REVISED

Updated to 23 December 2017


AN ACT TO IMPLEMENT COUNCIL DIRECTIVE 92/85/EEC OF 19 OCTOBER 1992 ON THE INTRODUCTION OF MEASURES TO ENCOURAGE IMPROVEMENTS IN THE SAFETY AND HEALTH AT WORK OF PREGNANT WORKERS AND WORKERS WHO HAVE RECENTLY GIVEN BIRTH OR ARE BREASTFEEDING, TO REENACT WITH AMENDMENTS THE PROVISIONS OF THE MATERNITY PROTECTION OF EMPLOYEES ACTS, 1981 AND 1991, TO ENTITLE A MALE EMPLOYEE TO LEAVE IN CERTAIN CASES WHERE THE MOTHER OF HIS CHILD DIES, TO EXTEND AS A CONSEQUENCE OF THE ABOVE-MENTIONED PROVISIONS THE PROTECTION AGAINST UNFAIR DISMISSALS CONFERRED BY THE UNFAIR DISMISSALS ACT, 1977, AND TO PROVIDE FOR RELATED MATTERS. [27 th December, 1994]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Functions transferred and terms “Department of Community, Equality and Gaeltacht Affairs” and “Minister for Community, Equality and Gaeltacht Affairs” construed (1.04.2011) by Equality, Integration, Disability and Human Rights (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 139 of 2011), arts. 2, 3 and sch., subject to transitional provisions in arts. 4-8.

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Justice and Law Reform.

(2) References to the Department of Community, Equality and Gaeltacht Affairs contained in any Act or instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be read as references to the Department of Justice and Law Reform.

3. (1) The functions vested in the Minister for Community, Equality and Gaeltacht Affairs by or under any of the Acts mentioned in the Schedule are transferred to the Minister for Justice and Law Reform.

(2) ...

(3) References to the Minister for Community, Equality and Gaeltacht Affairs contained in any Act or instrument made under such Act and relating to any functions transferred by this Article shall, from the commencement of this Order, be read as references to the Minister for Justice and Law Reform.

Editorial Notes:

E1

Collectively cited Maternity Protection Acts 1994 and 2004 included in definitions of “employment enactment” and “relevant enactment” (1.08.2015) by Workplace Relations Act 2015 (16/2015), s. 2 and sch. 1 part 1 item 11, S.I. No. 338 of 2015, with the following effects:

• Authorised officers or inspectors under employment enactments deemed to be appointed under Workplace Relations Act 2015 (16/2015), s. 26(2) and subject to termination under s. 26(4).

• Powers of inspectors for purposes of relevant enactments defined in Workplace Relations Act 2015 (16/2015), s. 27.

• Workplace Relations Commission, an inspector or an adjudication officer authorised to disclose employer’s registered number or employee’s PPSN to enable Labour Court to perform functions under relevant enactments by Workplace Relations Act 2015 (16/2015) s. 31(5).

• Power of Workplace Relations Commission and official body to disclose information to each other concerning the commission of offence under relevant enactment provided by Workplace Relations Act 2015 (16/2015), s. 32.

• Power of Workplace Relations Commission and contracting authority to disclose information to each other concerning the commission of offence under employment enactment/ relevant enactment provided by Workplace Relations Act 2015 (16/2015), s. 33.

• Powers of Minister to prosecute under relevant enactments transferred to Workplace Relations Commission and references construed by Workplace Relations Act 2015 (16/2015), s. 37.

• Functions of EAT to hear claims under employment enactments transferred to Workplace Relations Commission and references to EAT construed by Workplace Relations Act 2015 (16/2015) s. 66(1), (2), not commenced as of date of revision.

E2

Previous affecting provision: functions transferred and terms “Department of Justice, Equality and Law Reform” and “Minister for Justice, Equality and Law Reform” construed as Department of/Minister for Community, Rural and Gaeltacht Affairs (1.06.2010) by Equality, Integration, Disability and Human Rights (Transfer of Departmental Administration and Ministerial Functions) Order 2010 (S.I. No. 217 of 2010), arts. 2-3 and sch., subject to transitional provisions in arts. 4-8. Name of Minister and Department changed to Justice and Law Reform and references construed (2.06.2010) by Justice, Equality and Law Reform (Alteration of Name of Department and Title of Minister) Order 2010 (S.I. No. 216 of 2010).

E3

Previous affecting provision: functions transferred and terms “Department of Equality and Law Reform” and “Minister for Equality and Law Reform” construed as Department of/Minister for Justice (8.07.1997) by Equality and Law Reform (Transfer of Departmental Administration and Ministerial Functions) Order 1997 (S.I. No. 297 of 1997), arts. 2-4 and sch., subject to transitional provisions in arts. 5-9. Name of Department and Minister changed to Justice, Equality and Law Reform (9.07.1997) by Justice (Alteration of Name of Department and Title of Minister) Order 1997 (S.I. No. 298 of 1997).