Maternity Protection Act 1994

F38 [ Postponement of leave under section 16 in event of hospitalisation of child.

16B

16B. (1) A F39 [ father or other parent ] who is entitled to, or is on, leave under section 16 may, if the child in connection with whose birth he is entitled to, or is on, that leave (in this section referred to as the child ) is hospitalised, request in writing (or cause a written request to be submitted to) his employer to postpone

( a ) his subsection (1)(a) leave or part of such leave F40 [ or his subsection (1A) leave or part of such leave ] ,

( b ) his subsection (1)(a) leave or part of such leave and a period of further leave under section 16(4) ,

F40 [ ( bb ) his subsection (1A) leave or part of such leave, ]

( c ) his subsection (1)(b) leave or a period of further leave under section 16(4) , as the case may be, or part of such leave, as may be appropriate, in accordance with this section.

(2) Notwithstanding the fact that a F39 [ father or other parent ] who is on subsection (1)(a) leave has not in accordance with section 16(6) notified his employer in writing (or caused his employer to be so notified) of his intention to take further leave under section 16(4) , he shall be deemed, for the purposes of making a request under paragraph (b) or (c) of subsection (1) , to have complied with section 16(6) .

(3) An employer who receives a request under subsection (1) may agree to postpone the leave concerned and, if the employer does so

( a ) the F39 [ father or other parent ] concerned shall continue to work, or return to work on a date agreed by him and the employer that is not later than the date on which the leave concerned is due to end in accordance with the notification given, or deemed under subsection (2) to have been given, by the F39 [ father or other parent ] to the employer under section 16 , as may be appropriate,

( b ) the leave concerned shall be postponed or postponed with effect from the date agreed under paragraph (a) , as may be appropriate, and

( c ) the F39 [ father or other parent ] concerned shall be entitled to

(i) the subsection (1)(a) leave or the part of such leave F40 [ or, as the case may be, subsection (1A) leave or the part of such leave ] ,

(ii) the subsection (1)(a) leave or the part of such leave and the period of further leave under section 16(4) .

(iii) the subsection (1)(b) leave or the period of further leave under section 16(4) , as the case may be, or the part of such leave,

as the case may be, not taken by him by reason of the postponement (in this section referred to as resumed leave ) in accordance with regulations made under this section by the Minister to be taken in one continuous period commencing not later than 7 days after the discharge of the child from hospital.

(5) Where, following the postponement of leave under this section, a F39 [ father or other parent ] returns to work in accordance with subsection (3)(a) and during the period of the postponement he is absent from work due to sickness, the F39 [ father or other parent ] shall be deemed to commence resumed leave on the first day of such absence unless he notifies his employer in writing (or causes his employer to be so notified) as soon as reasonably practicable that he does not wish to commence such leave and, following such notification

( a ) the absence from work of the F39 [ father or other parent ] due to sickness shall be treated in the same manner as any absence from work of the F39 [ father or other parent ] due to sickness, and

( b ) the F39 [ father or other parent ] shall not be entitled to the resumed leave.

(6) Without prejudice to the generality of subsection (3) , regulations under this section may make provision in relation to either or both of the following matters:

( a ) the maximum period of postponement of leave under this section, and

( b ) the evidence to be furnished by a F39 [ father or other parent ] to his employer of the hospitalisation, and the discharge from hospital, of the child.

(7) Entitlement to resumed leave shall, subject to subsection (9) , be subject to a F39 [ father or other parent ] having notified his employer in writing (or causing his employer to be so notified) as soon as reasonably practicable but not later than the day on which the leave begins of his intention to commence such leave.

(8) A notification under subsection (7) may be revoked by a further notification in writing given by or on behalf of the F39 [ father or other parent ] concerned to his employer within the period specified in that subsection for the giving of the notification concerned.

(9) An employer may, at the discretion of the employer, waive the right to receive a notification in accordance with subsection (7) .

(10) Where a F39 [ the father s leave or the other parent s leave ] is postponed under this section

( a ) subject to paragraphs (b) and (c) , the F39 [ father or other parent ] shall comply with subsection (1A) , in lieu of subsection (1) , of section 28 ,

( b ) the F39 [ father or other parent ] shall not, in relation to returning to work under subsection (3)(a) , be required to comply with section 28 , and

( c ) the F39 [ father or other parent ] shall, if deemed under subsection (5) to be on resumed leave, comply with subsection (1B) , in lieu of subsection (1) or (1A) , of section 28 . ]

Annotations:

Amendments:

F38

Inserted (18.10.2004) by Maternity Protection (Amendment) Act 2004 (28/2004), s. 12, S.I. No. 652 of 2004.

F39

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

F40

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

Modifications (not altering text):

C6

Application of section affected (18.10.2004) by Maternity Protection (Postponement of Leave) Regulations 2004 (S.I. No. 655 of 2004), regs. 3 and 4, in force as per reg. 1(2).

3. The maximum period of postponement of leave under section 14B or 16B of the Principal Act is 6 months.

4. The evidence to be furnished by an employee or an employed father to her or his employer, if so requested by the employer, for the purposes of section 14B or 16B, as the case may be, of the Principal Act shall be—

(a) a letter or other appropriate document from the hospital in which the child concerned is hospitalised confirming the hospitalisation, and

(b) a letter or other appropriate document from the hospital concerned or the child’s medical practitioner confirming that the child has been discharged from hospital and the date of that discharge.

Editorial Notes:

E26

Power pursuant to section exercised (18.10.2004) by Maternity Protection (Postponement of Leave) Regulations 2004 (S.I. No. 655 of 2004).