Maternity Protection Act 1994

Entitlement of employed F26 [ father or other parent, as the case may be, ] to leave on death of mother.

16

16. F27 [ (1) If a woman who has been delivered of a living child (in this section referred to as the mother ) dies at any time before the expiry of the F28 [ fortieth week ] following the week of her confinement, the F26 [ father or other parent, as the case may be, ] of the child (if he is employed under a contract of employment) shall be entitled in accordance with this section to leave from his employment for a period ending as follows

( a ) if the mother dies before the expiry of the F28 [ twenty-fourth week ] following the week of her confinement, the period ends, subject to section 16B , at the end of that F28 [ twenty-fourth week ] , and

( b ) if the mother dies at any time after the expiry of that F28 [ twenty-fourth week ] , the period ends, subject to sections 16A and 16B , at the end of the F28 [ fortieth week ] following the week of her confinement. ]

F29 [ (1A) Where

( a ) on or after 1 October 2017, the date of confinement of a mother occurred more than 2 weeks before the expected week of confinement, and

( b ) the mother dies at any time on or before the expiry of the combined period,

the father of the child (if he is employed under a contract of employment) shall be entitled in accordance with this section, and subject to F30 [ subsections (10) and (10A) ] , to leave from his employment for a period, if the mother dies on or before the expiry of the combined period, ending at the end of the unexpired portion of that combined period. ]

(2) Entitlement to leave under subsection (1) shall be subject to the F26 [ father or other parent, as the case may be, ]

( a) notifying his employer in writing (or causing his employer to be so notified) not later than the day on which his leave begins of the death of the mother, of his intention to take leave under subsection (1) F31 [ or (1A) ] and of the length of the leave to which he believes he is so entitled; and

( b) if requested by his employer, causing his employer to be supplied, as soon as is reasonably practicable, with a copy of the death certificate made in respect of the mother and of the birth certificate in respect of the child.

F27 [ (3) F32 [ Subject to F30 [ subsections (10) and (10A) ] and section 16B ] , the period of leave under subsection (1) F31 [ or (1A) ] shall commence within 7 days of the mother s death; and in this section and sections 16A and 16B

( a ) a period of leave which ends as mentioned in paragraph (a) of subsection (1) is referred to as subsection (1)(a) leave , and

F31 [ (aa) a period of leave which ends as mentioned in subsection (1A) is referred to as subsection (1A) leave , ]

( b ) a period of leave which ends as mentioned in paragraph (b) of that subsection is referred to as subsection (1)(b) leave .

(4) A F26 [ father or other parent, as the case may be, ] who has taken subsection (1)(a) leave shall, if he so wishes, be entitled to further leave from his employment for a maximum period of

( a ) F28 [ 16 consecutive weeks ] commencing immediately after the end of his subsection (1) ( a ) leave F33 [ or, where applicable, paternity leave under section 13 (1) of the Paternity Leave and Benefit Act 2016 ] , or

( b ) F28 [ 16 weeks ] , all or part of which is postponed in accordance with section 16B , commencing either in accordance with that section or immediately after the end of his subsection (1)(a) leave F33 [ or, where applicable, paternity leave under section 13 (1) of the Paternity Leave and Benefit Act 2016 ] ,

as may be appropriate. ]

(5) F27 [ Subject to section 16B , entitlement to further leave under subsection (4) ] shall be subject to the F26 [ father or other parent, as the case may be, ] having notified in writing his employer (or caused his employer to be so notified) in accordance with subsection (6) of his intention to take such leave.

(6) Notification under subsection (5) shall be given either at the same time as the notification under subsection (2) (a) or (if it is later) not later than four weeks before the date which would have been the F26 [ the father s or the other parent s ] expected date of return to work under Part IV if he had not taken the further leave under subsection (4).

(7) A notification under this section may be revoked by a further notification in writing given by or on behalf of the F26 [ father or other parent, as the case may be, ] to his employer—

( a) if it relates to subsection (1) (a) leave or subsection (1) (b) leave, not later than the day on which the leave is due to begin; and

( b) if it relates to leave under subsection (4), not later than the latest date on which, under subsection (6), the notification which is to be revoked could have been given.

(8) The Minister may by order, made with the consent of the Minister for Social Welfare and with the consent of the Minister for Finance, amend subsections (1) and (4) F33 [ and paragraphs (a) and (b) of subsection (10) ] so as to extend the periods mentioned in F32 [ those subsections or paragraphs ].

(9) Any reference in this section to the week of the mother’s confinement is a reference to the week in which fell the date of her confinement.

F33 [ (10) Where, on the date on which a person becomes entitled under subsection (1) to leave under that subsection F31 [ or, as the case may be, under subsection (1A) to leave under that subsection ] , the person is on paternity leave, this section and sections 16A and 16B shall apply to the person subject to the following modifications and any other necessary modifications:

(a) where the person is entitled to subsection (1)(a) leave, the leave shall commence immediately after the end of the paternity leave and, subject to section 16B , end at the end of the twenty-fourth week following the end of the paternity leave;

F31 [ (aa) where the person is entitled to subsection (1A) leave, the leave shall commence immediately after the end of the paternity leave and, subject to section 16B , end at the end of the combined period following the end of the paternity leave; ]

(b) where the person is entitled to subsection (1)(b) leave, the leave shall commence immediately after the end of the paternity leave and, subject to sections 16A and 16B , end at the end of the fortieth week following the end of the paternity leave;

(c) a reference in this section and sections 16A and 16B to

(i) subsection (1) (a) leave shall be deemed to include a reference to a period of leave F34 [ to which paragraph (a) applies, ]

F31 [ (ia) subsection (1A) leave shall be deemed to include a reference to a period of leave to which paragraph (aa) applies, and ]

(ii) subsection (1) (b) leave shall be deemed to include a reference to a period of leave to which paragraph (b) applies. ]

F35 [ (10A) Where, on the date on which a person becomes entitled under subsection (1) to leave under that subsection or, as the case may be, under subsection (1A) to leave under that subsection, the person is on parent s leave, this section and sections 16A and 16B shall apply to the person subject to the following modifications and any other necessary modifications:

( a ) where the person is entitled to subsection (1)(a) leave, the leave shall commence immediately after the end of the parent s leave and, subject to section 16B , end at the end of the twenty-fourth week following the end of the parent s leave;

( b ) where the person is entitled to subsection (1A) leave, the leave shall commence immediately after the end of the parent s leave and, subject to section 16B , end at the end of the twenty-fourth week following the end of the parent s leave;

( c ) where the person is entitled to subsection (1)(b) leave, the leave shall commence immediately after the end of the parent s leave and, subject to sections 16A and 16B , end at the end of the fortieth week following the end of the parent s leave;

( d ) a reference in this section and sections 16A and 16B to

(i) subsection (1)(a) leave shall be deemed to include a reference to a period of leave to which paragraph (a) applies,

(ii) subsection (1A) leave shall be deemed to include a reference to a period of leave to which paragraph (b) applies, and

(iii) subsection (1)(b) leave shall be deemed to include a reference to a period of leave to which paragraph (c) applies. ]

F31 [ (11) In this section combined period means a period comprising

(a) 42 weeks following the week of confinement, and

(b) the duration of the premature birth period. ]

Annotations:

Amendments:

F26

Substituted (4.05.2020) by Children and Family Relationships Act 2015 (9/2015), s. 176(b), S.I. No. 624 of 2019.

F27

Substituted (18.10.2004) by Maternity Protection (Amendment) Act 2004 (28/2004), s. 10, S.I. No. 652 of 2004.

F28

Substituted (1.02.2007) by Maternity Protection Act 1994 (Extension of Periods of Leave) Order 2006 (S.I. No. 51 of 2006), art. 11(a) and (b), in force as per art. 2.

F29

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

F30

Substituted (1.11.2019) by Parent’s Leave and Benefit Act 2019 (35/2019), s. 35(b)(i)-(iii), S.I. No. 629 of 2019.

F31

Inserted (23.12.2017) by Social Welfare Act 2017 (38/2017), s. 16(h), (i), (j)(i), (ii), (iv), (k), commenced on enactment.

F32

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

F33

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

F34

Substituted (23.12.2017) by Social Welfare Act 2017 (38/2017), s. 16(j)(iii), commenced on enactment.

F35

Inserted (1.11.2019) by Parent’s Leave and Benefit Act 2019 (35/2019), s. 35(b)(iv), S.I. No. 629 of 2019.

Modifications (not altering text):

C5

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

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Schedule 1

Enactments

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Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 34 of 1994

Maternity Protection Act 1994

Sections 8(2), 16(8) and 18(5)(a)

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...

...

Editorial Notes:

E22

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.

E23

Previous affecting provision: subs. (1) amended (1.02.2006) by Maternity Protection Act 1994 (Extension of Periods of Leave) Order 2006 (S.I. No. 51 of 2006), art. 7, in force as per art. 2; superseded by art. 11 of the same instrument above.

E24

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 (Amendment) Act 1994 (28/2004), s. 26, S.I. No. 652 of 2004.

E25

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. 7, in force as per art. 2); revoked (18.10.2004) by Maternity Protection (Amendment) Act 1994 (28/2004), s. 26, S.I. No. 652 of 2004.