Maternity Protection Act 1994

Entitlement to maternity leave.

8

F6 [ 8. (1) Subject to this Part, a pregnant employee shall be entitled to leave, to be known (and referred to in this Act) as maternity leave , from her employment for a period (in this Part referred to as the minimum period of maternity leave of not less than

( a ) F7 [ 26 consecutive weeks ] , or

( b ) F8 [ 26 weeks ] part of which is postponed in accordance with section 14B ,

as may be appropriate.

F9 [ (1A) Subject to this Part, a pregnant employee referred to in subsection (1) shall be entitled to a further period of maternity leave that is in addition to the minimum period of maternity leave referred to in paragraphs (a) or (b) of subsection (1) , if, on or after 1 October 2017 the date of confinement occurs more than 2 weeks before the expected week of confinement.

(1B) The duration of the further period of maternity leave referred to in subsection (1A) shall be equal to the duration of the premature birth period. ]

(2) The Minister may by order, made with the consent of the Minister for Social and Family Affairs and the consent of the Minister for Finance, amend subsection (1) and section 13(2) so as to extend the period mentioned in each of those subsections. ]

Annotations:

Amendments:

F6

Substituted (18.10.2004) by Maternity Protection (Amendment) Act 2004 (28/2004), s. 2, S.I. No. 652 of 2004.

F7

Substituted (1.02.2007) by Maternity Protection Act 1994 (Extension of Periods of Leave) Order 2006 (S.I. No. 51 of 2006), art. 8(a), in effect as per art. 2.

F8

Substituted (1.02.2007) by Maternity Protection Act 1994 (Extension of Periods of Leave) Order 2006 (S.I. No. 51 of 2006), art. 8(b), in effect as per art. 2.

F9

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

Modifications (not altering text):

C3

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)

...

...

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No. 34 of 1994

Maternity Protection Act 1994

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

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Editorial Notes:

E8

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), arts. 4 and 8, in force as per art. 2.

E9

Previous affecting provision: section amended (1.02.2006) by Maternity Protection Act 1994 (Extension of Periods of Leave) Order, 2006 (S.I. No. 51 of 2006), art. 4, superseded by art. 8 of the same instrument above.

E10

Previous affecting provision: section amended (8.02.2001) by Maternity Protection Act, 1994 (Extension of Periods of Leave) Order, 2001 (S.I. No. 29 of 2001), art. 4; revoked (18.10.2004) by Maternity Protection Act 1994 (28/2004), s. 26, S.I. No. 652 of 2004.