Maternity Protection Act 1994

Entitlement to additional maternity leave.

14

14. F16 [ (1) An employee who has taken maternity leave shall, if she so wishes, be entitled in accordance with this section to further leave from her employment, to be known (and referred to in this Act) as additional maternity leave , for a maximum period of

( a ) F17 [ 16 consecutive weeks ] commencing immediately after the end of her maternity leave F18 [ and, where applicable, any period of transferred paternity leave taken by her ] , or

( b ) F17 [ 16 weeks ] , all or part of which is postponed in accordance with section 14B , commencing either in accordance with that section or immediately after the end of her maternity leave F18 [ and, where applicable, any period of transferred paternity leave taken by her ] ,

as may be appropriate. ]

(2) An employee shall be entitled to additional maternity leave, whether or not the minimum period of maternity leave has been extended under section 12.

(3) F16 [ Subject to section 14B , entitlement to additional maternity leave ] shall be subject to an employee having notified in writing her employer (or caused her employer to be so notified) in accordance with subsection (4) of her intention to take such leave.

F19 [ (4) Notification under subsection (3) shall be given either at the same time as the relevant notification under section 9 or not later than four weeks before

(a) the date which would have been the employee s expected date of return to work under Part IV if she had not taken the additional maternity leave, or

(b) where the employee takes transferred paternity leave, the date on which the additional maternity leave is, under subsection (1) , to commence. ]

(5) A notification under this section may be revoked by a further notification in writing given by or on behalf of the employee concerned to her employer not later than four weeks before the date which would have been her expected date of return to work under Part IV if she had not taken the additional maternity leave.

F16 [ (6) The Minister may by order amend subsection (1) so as to extend the period mentioned in that subsection. ]

F20 [ (7) Where pursuant to section 8 , a pregnant employee is entitled to a further period of leave referred to in subsection (1A) of that section, nothing in section 8 , 13 or 13A shall operate to prevent the entitlement of the pregnant employee to additional maternity leave under this section. ]

Annotations:

Amendments:

F16

Substituted (18.10.2004) by Maternity Protection (Amendment) Act 2004 (28/2004), s. 5, S.I. No. 652 of 2004.

F17

Substituted (1.02.2007) by Maternity Protection Act 1994 (Extension of Periods of Leave) Order 2006 (S.I. No. 51 of 2006), art. 10(a) and (b), in force as per art. 2.

F18

Inserted (1.08.2016) by Paternity Leave and Benefit Act 2016 (11/2016), 34(b)(i), S.I. No. 435 of 2016.

F19

Substituted (1.08.2016) by Paternity Leave and Benefit Act 2016 (11/2016), 34(b)(ii), S.I. No. 435 of 2016.

F20

Inserted (23.12.2017) by Social Welfare Act 2017 (38/2017), s. 16(f), commenced on enactment.

Editorial Notes:

E14

Power pursuant to section exercised (1.02.2006) by Maternity Protection Act 1994 (Extension of Periods of Leave) Order 2006 (S.I. No. 51 of 2006), in force as per art. 2.

E15

Previous affecting provision: power pursuant to section exercised (8.02.2001) by Maternity Protection Act, 1994 (Extension of Periods of Leave) Order 2001 (S.I. No. 29 of 2001); revoked (18.10.2004) by Maternity Protection Act 1994 (28/2004), s. 26, S.I. No. 652 of 2004.

E16

Previous affection provision: subs. (1)(a) and (b) substituted (1.02.2006) by Maternity Protection Act 1994 (Extension of Periods of Leave) Order 2006 (S.I. No. 51 of 2006), art. 6, in force as per art. 2; superseded by art. 10 of the same instrument above.

E17

Previous affecting provision: subs. (1) substituted (8.02.2001) by Maternity Protection Act 1994 (Extension of Periods of Leave) Order 2001 (S.I. No. 29 of 2001), art. 6, in force as per art. 2); revoked (18.10.2004) by Maternity Protection Act 1994 (28/2004), s. 26, S.I. No. 652 of 2004.