Maternity Protection Act 1994

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

22

22. (1) During a period of absence from work by an employee while on—

( a) maternity leave,

(b) subsection (1) (a) leave, as defined in section 16 (3) , or

( c) leave granted under section 18 ,

and during a period of natal care absence, the employee shall be deemed to have been in the employment of the employer and, accordingly, while so absent the employee shall, subject to subsection (6) and section 24 , F43 [ be treated as if she or he had not been so absent ]; and such absence shall not affect any right (other than, except in the case of natal care absence, the employee’s right to remuneration during such absence), whether conferred by statute, contract or otherwise, and related to the employee’s employment.

F43 [ (2) In respect of a period of absence from work by an employee while on

( a ) additional maternity leave,

( b ) subsection (1)(b) leave within the meaning of section 16 , or

( c ) further leave under section 16(4) ,

the employee shall be deemed to have been in the employment of the employer and accordingly, while so absent the employee shall, subject to section 24 , be treated as if she or he had not been so absent; and such absence shall not affect any right or obligation (other than the employee s right to remuneration or superannuation benefits or any obligation to pay contributions in or in respect of the employment during such absence), whether conferred or imposed by statute, contract or otherwise, and related to the employee s employment.

(2A) In respect of a period of absence from work by an employee while

( a ) attending ante-natal classes in accordance with section 15A , or

( b ) breastfeeding in accordance with section 15B ,

the employee shall be deemed to have been in the employment of the employer and accordingly, while so absent the employee shall, subject to section 24 , be treated as if she or he had not been so absent; and such absence shall not affect any right, whether conferred by statute, contract or otherwise, and related to the employee s employment. ]

(3) Nothing in this section affects—

( a) an employee’s right to be offered suitable alternative employment under section 27 ; or

( b) an employee’s right to remuneration in accordance with section 18 (4) .

(4) A period of absence from work while on protective leave shall not be treated as part of any other leave (including sick leave or annual leave) to which the employee concerned is entitled.

(5) An employee shall be deemed not to be an employed contributor for the purposes of the Social Welfare (Consolidation) Act, 1993, for any contribution week (within the meaning of that Act) in a period of absence from work on protective leave if the employee does not receive any reckonable earnings (within the meaning of that Act) in respect of that week.

(6) Where subsection (1) applies during a period of absence by an employee while she is on leave granted under section 18 , nothing in this section shall entitle her to benefits under section 4 of the Holidays (Employees) Act, 1973 in respect of a public holiday (within the meaning of that Act) falling during that period of absence.

Annotations:

Amendments:

F43

Substituted and inserted (18.10.2004) by Maternity Protection (Amendment) Act 2004 (28/2004), s. 14, S.I. No. 652 of 2004.

Editorial Notes:

E32

Holidays (Employees) Act 1973 was repealed (30.09.1997) and replaced by Organisation of Working Time Act 1997 (20/1997), s. 9, sch. 4 and s. 21, S.I. No. 392 of 1997.