Maternity Protection Act 1994
Number 34 of 1994
MATERNITY PROTECTION ACT 1994
REVISED
Updated to 3 July 2023
This Revised Act is an administrative consolidation of the Maternity Protection Act 1994. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), enacted 5 July 2023, and all statutory instruments up to and including the Maternity Protection (Protection of Mothers who are Breastfeeding) (Amendment) Regulations 2023 (S.I. No. 342 of 2023), made 29 June 2023, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 34 of 1994
MATERNITY PROTECTION ACT 1994
REVISED
Updated to 3 July 2023
Introduction
This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.
Related legislation
Maternity Protection Acts 1994 to 2022: this Act is one of a group of Acts included in this collective citation to be construed together as one (Local Government (Maternity Protection and Other Measures for Members of Local Authorities) Act 2022, s. 3(2)). The Acts in the group are:
• Maternity Protection Act 1994 (34/1994)
• Maternity Protection (Amendment) Act 2004 (28/2004)
• Local Government (Maternity Protection and Other Measures for Members of Local Authorities) Act 2022 (52/2022), s. 1
Annotations
This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.
An explanation of how to read annotations is available at
www.lawreform.ie/annotations.
Material not updated in this revision
Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.
Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.
A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at
www.irishstatutebook.ie.
Acts which affect or previously affected this revision
• Work Life Balance and Miscellaneous Provisions Act 2023 (8/2023)
• Local Government (Maternity Protection and Other Measures for Members of Local Authorities) Act 2022 (52/2022)
• Parent’s Leave and Benefit Act 2019 (35/2019)
• Social Welfare Act 2017 (38/2017)
• Paternity Leave and Benefit Act 2016 (11/2016)
• Workplace Relations Act 2015 (16/2015)
• Children and Family Relationships Act 2015 (9/2015)
• Education and Training Boards Act 2013 (11/2013)
• Maternity Protection (Amendment) Act 2004 (28/2004)
• Employment Equality Act 1998 (21/1998)
All Acts up to and including Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), enacted 5 July 2023, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Maternity Protection (Protection of Mothers who are Breastfeeding) (Amendment) Regulations 2023 (S.I. No. 342 of 2023)
• Disability, Equality, Human Rights, Integration and Reception (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 436 of 2020)
• Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)
• Equality, Integration, Disability and Human Rights (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 139 of 2011)
• Equality, Integration, Disability and Human Rights (Transfer of Departmental Administration and Ministerial Functions) Order 2010 (S.I. No. 217 of 2010)
• Maternity Protection Act 1994 (Extension of Periods of Leave) Order 2006 (S.I. No. 51 of 2006)
• Maternity Protection (Postponement of Leave) Regulations 2004 (S.I. No. 655 of 2004)
• Maternity Protection (Protection of Mothers Who Are Breastfeeding) Regulations 2004 (S.I. No. 654 of 2004)
• Maternity Protection (Time Off For Ante-Natal Classes) Regulations 2004 (S.I. No. 653 of 2004)
• Maternity Protection Act, 1994 (Extension of Periods of Leave) Order 2001 (S.I. No. 29 of 2001)
• Maternity Protection (Maximum Compensation) Regulations 1999 (S.I. No. 134 of 1999)
• Justice (Alteration of Name of Department and Title of Minister) Order 1997 (S.I. No. 298 of 1997)
• Equality and Law Reform (Transfer of Departmental Administration and Ministerial Functions) Order 1997 (S.I. No. 297 of 1997)
• Maternity Protection (Health and Safety Leave Remuneration) Regulations 1995 (S.I. No. 20 of 1995)
• Maternity Protection (Health and Safety Leave Certification) Regulations 1995 (S.I. No. 19 of 1995)
• Maternity Protection (Time Off For Ante-Natal and Post-Natal Care) Regulations 1995 (S.I. No. 18 of 1995)
• Maternity Protection (Disputes and Appeals) Regulations 1995 (S.I. No. 17 of 1995)
• Maternity Protection Act, 1994 (Commencement) Order 1995 (S.I. No. 16 of 1995)
All statutory instruments up to and including Maternity Protection (Protection of Mothers who are Breastfeeding) (Amendment) Regulations 2023 (S.I. No. 342 of 2023), made 29 June 2023, were considered in the preparation of this revision.
Number 34 of 1994
MATERNITY PROTECTION ACT 1994
REVISED
Updated to 3 July 2023
ARRANGEMENT OF SECTIONS
Preliminary and General
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Section |
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Voidance or modification of certain provisions in agreements. |
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Maternity Leave
Leave to Protect Health and Safety of Pregnant Employees, etc.
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Ending of leave under section 18 where no change of circumstances. |
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Ending of leave under section 18 on change of circumstances. |
Employment Protection
Resolution of Disputes
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Decision under section 41 or 44 of Workplace Relations Act 2015. |
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Appeal from decision of rights commissioner. (Repealed) |
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Appeal to High Court on point of law. (Repealed) |
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Service of documents. (Repealed) |
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Provisions relating to winding up and bankruptcy. (Repealed) |
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Enforcement of decisions and determinations. (Repealed) |
Amendments and Application of Other Enactments
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Provisions applying where employee not permitted to return to work. |
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Number 34 of 1994
MATERNITY PROTECTION ACT 1994
REVISED
Updated to 3 July 2023
AN ACT TO IMPLEMENT COUNCIL DIRECTIVE 92/85/EEC OF 19 OCTOBER 1992 ON THE INTRODUCTION OF MEASURES TO ENCOURAGE IMPROVEMENTS IN THE SAFETY AND HEALTH AT WORK OF PREGNANT WORKERS AND WORKERS WHO HAVE RECENTLY GIVEN BIRTH OR ARE BREASTFEEDING, TO REENACT WITH AMENDMENTS THE PROVISIONS OF THE MATERNITY PROTECTION OF EMPLOYEES ACTS, 1981 AND 1991, TO ENTITLE A MALE EMPLOYEE TO LEAVE IN CERTAIN CASES WHERE THE MOTHER OF HIS CHILD DIES, TO EXTEND AS A CONSEQUENCE OF THE ABOVE-MENTIONED PROVISIONS THE PROTECTION AGAINST UNFAIR DISMISSALS CONFERRED BY THE UNFAIR DISMISSALS ACT, 1977, AND TO PROVIDE FOR RELATED MATTERS. [27th December, 1994]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Functions transferred and references construed (14.10.2020) by Disability, Equality, Human Rights, Integration and Reception (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 436 of 2020), arts. 2, 3(1)(a), (3) and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.
Note change of name of Department and title of Minister to Department of and Minister for Children, Equality, Disability, Integration and Youth made (15.10.2020) by Children and Youth Affairs (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 437 of 2020), in effect as per art. 1(2).
2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Children and Youth Affairs.
(2) References to the Department of Justice and Equality contained in any Act or instrument made under such Act and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Children and Youth Affairs.
3. (1) The functions vested in the Minister for Justice and Equality -
(a) by or under the enactments specified in Schedule 1, and
...
are transferred to the Minister for Children and Youth Affairs.
...
(3) References to the Minister for Justice and Equality contained in any Act or instrument made under such Act, and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Children and Youth Affairs.
SCHEDULE 1
Article 3(1)(a)
Enactments, functions by or under which are transferred from the Minister for Justice and Equality to the Minister for Children and Youth Affairs
...
Maternity Protection Acts 1994 and 2004
...
Editorial Notes:
E1
Collectively cited Maternity Protection Acts 1994 and 2004 included in definitions of “employment enactment” and “relevant enactment” (1.08.2015) by Workplace Relations Act 2015 (16/2015), s. 2 and sch. 1 part 1 item 11, S.I. No. 338 of 2015, with the following effects:
• Authorised officers or inspectors under employment enactments deemed to be appointed under Workplace Relations Act 2015 (16/2015), s. 26(2) and subject to termination under s. 26(4).
• Powers of inspectors for purposes of relevant enactments defined in Workplace Relations Act 2015 (16/2015), s. 27.
• Workplace Relations Commission, an inspector or an adjudication officer authorised to disclose employer’s registered number or employee’s PPSN to enable Labour Court to perform functions under relevant enactments by Workplace Relations Act 2015 (16/2015) s. 31(5).
• Power of Workplace Relations Commission and official body to disclose information to each other concerning the commission of offence under relevant enactment provided by Workplace Relations Act 2015 (16/2015), s. 32.
• Power of Workplace Relations Commission and contracting authority to disclose information to each other concerning the commission of offence under employment enactment/ relevant enactment provided by Workplace Relations Act 2015 (16/2015), s. 33.
• Powers of Minister to prosecute under relevant enactments transferred to Workplace Relations Commission and references construed by Workplace Relations Act 2015 (16/2015), s. 37.
• Functions of EAT to hear claims under employment enactments transferred to Workplace Relations Commission and references to EAT construed by Workplace Relations Act 2015 (16/2015) s. 66(1), (2), not commenced as of date of revision.
E2
Previous affecting provision: functions transferred and terms “Department of Community, Equality and Gaeltacht Affairs” and “Minister for Community, Equality and Gaeltacht Affairs” construed (1.04.2011) by Equality, Integration, Disability and Human Rights (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 139 of 2011), arts. 2, 3 and sch., subject to transitional provisions in arts. 4-8. Name of Minister and Department changed to Children and Youth Affairs and references construed (2.06.2011) by Community, Equality and Gaeltacht Affairs (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 214 of 2011), in effect as per art. 1(2); superseded as per C-note above.
E3
Previous affecting provision: functions transferred and terms “Department of Justice, Equality and Law Reform” and “Minister for Justice, Equality and Law Reform” construed as Department of/Minister for Community, Rural and Gaeltacht Affairs (1.06.2010) by Equality, Integration, Disability and Human Rights (Transfer of Departmental Administration and Ministerial Functions) Order 2010 (S.I. No. 217 of 2010), arts. 2-3 and sch., subject to transitional provisions in arts. 4-8. Name of Minister and Department changed to Justice and Law Reform and references construed (2.06.2010) by Justice, Equality and Law Reform (Alteration of Name of Department and Title of Minister) Order 2010 (S.I. No. 216 of 2010); superseded as per E-note above.
E4
Previous affecting provision: functions transferred and terms “Department of Equality and Law Reform” and “Minister for Equality and Law Reform” construed as Department of and Minister for Justice (8.07.1997) by Equality and Law Reform (Transfer of Departmental Administration and Ministerial Functions) Order 1997 (S.I. No. 297 of 1997), arts. 2-4 and sch., subject to transitional provisions in arts. 5-9. Name of Department and Minister changed to Justice, Equality and Law Reform (9.07.1997) by Justice (Alteration of Name of Department and Title of Minister) Order 1997 (S.I. No. 298 of 1997); superseded as per E-note above.