Maternity Protection Act 1994

F24 [ Entitlement to time off from work to attend ante-natal classes.

15A

15A. (1) Subject to subsection (3) , a pregnant employee shall be entitled to time off from her work, without loss of pay, in accordance with regulations made under this section by the Minister, for the purpose of attending one set of ante-natal classes (other than the last 3 classes in such a set) and those classes may be attended by her during one or more pregnancies.

(2) Subject to subsection (3) , an expectant father of a child (if he is employed under a contract of employment) shall be entitled once only to time off from his work, without loss of pay, in accordance with regulations made under this section by the Minister, for the purpose of attending the last 2 ante-natal classes in a set of such classes attended by the expectant mother of their child before the birth of the child.

(3) Subsection (1) or (2) shall not apply

( a ) to a member of the Defence Forces who is

(i) on active service within the meaning of section 5 of the Defence Act 1954 or deemed to be on active service within the meaning of section 4(1) of the Defence (Amendment) (No. 2) Act 1960 ,

(ii) engaged in operational duties at sea,

(iii) engaged in operations in aid of the civil power,

(iv) engaged in training that is directly associated with any of the activities referred to in subparagraphs (i) , (ii) and (iii) of this paragraph, or

(v) engaged in any other duty outside the State,

( b ) if the Chief of Staff of the Defence Forces in exceptional circumstances so directs, to a member of the Defence Forces who is required to perform a duty which is, in the opinion of the Chief of Staff of the Defence Forces, of a special or urgent nature for so long as the member is performing the duty,

( c ) to a member of the Garda S í och á na who is on the direction, or with the consent, of the Commissioner of the Garda S í och á na serving outside the State performing duties of a police character or advising others on, or monitoring them in, the performance of such duties or any related duties for so long as the member is so serving, and

( d ) if the Commissioner of the Garda S í och á na in exceptional circumstances so directs, to a member of the Garda S í och á na who is required to perform a duty which is, in the opinion of the Commissioner of the Garda S í och á na, of a special or urgent nature for so long as the member is performing the duty.

(4) Without prejudice to the generality of subsections (1) and (2) , regulations under this section may make provision in relation to all or any of the following matters:

( a ) the amount of time off to be allowed for attendance at ante-natal classes;

( b ) the terms or conditions relating to such time off;

( c ) the notice to be given in advance by a pregnant employee or an expectant father entitled to time off under this section to her or his employer;

( d ) the evidence to be furnished by a pregnant employee or an expectant father so entitled to her or his employer of ante-natal classes that she or he is to attend. ]

Annotations:

Amendments:

F24

Inserted (18.10.2004) by Maternity Protection (Amendment) Act 2004 (28/2004), s. 8, S.I. No. 652 of 2004.

Editorial Notes:

E20

Power pursuant to section exercised (18.10.2004) by Maternity Protection (Time Off For Ante-Natal Classes) Regulations 2004 (S.I. No. 653 of 2004).