When an employee comes to you to share that they’re pregnant, it’s a joyous moment. There are cards, congratulations, and celebrations. It’s a wonderful occasion all round.
When preparations begin within the team, it’s time to think about the employee’s absence. Can the broader team take on their duties, for instance? Will you need to hire cover? Is there a company maternity leave policy in place? These are important questions, the answers to which every Irish employer needs to know.
Maternity leave in Ireland entitles employees to take leave from work immediately before and after the birth of their child.
But how long is maternity leave in Ireland? Currently, it’s 26 weeks with the option to apply for an extra 16 weeks of unpaid leave beginning immediately after the end of the basic 26 weeks of leave. This goes for staff in full-time, casual, and part-time employment. Furthermore, it doesn’t matter how long the employee has been working for the employer, as employees on maternity leave still get 26 weeks.
Under maternity leave regulations, employees must take at least two weeks of maternity leave before the baby is due, and at least four weeks after the baby is born. maternity leave policies might be in place, maternity leave and additional maternity leave rights are protected under the Maternity Protection Acts 1994 and 2004.
Since July 3rd, 2023, all maternity leave rights and protections also apply to transgender men who are pregnant or have given birth. Employees must have a gender recognition certificate, in accordance with the Gender Recognition Act 2015. These new rights are set out in the Work Life Balance and Miscellaneous Provisions Act 2023.
A new bill was passed by the Oireachtas on October 24th, 2024, and will be signed into law. This amendment to the Maternity Protection Act 1994 will allow an employee who receives a diagnosis of a serious health condition illness to postpone maternity leave until their treatment has been concluded. This legislation provides support for those suffering from mental or physical ailments. The move has been welcomed by campaigners seeking to gain more rights for people undergoing treatment for serious illness.
“The Bill will allow women who suffer a serious illness during their maternity leave to postpone that leave. This is a small, simple change that will have a big impact for so many women at a very challenging time in their lives. I am proud that Ireland will be one of the very few countries around the world to be providing this facility to pause maternity leave, and I want to thank the Irish Cancer Society, and those who have campaigned for this change.”
- Minister O’Gorman
The maternity leave can be postponed for between 5 and 52 weeks, on certification from their doctor. Postponing maternity leave will not sacrifice other forms of leave, such as unpaid maternity leave and Parents Leave.
Here are some ways to prepare for maternity leave that will make the transition easier for you and your employee.
A maternity leave policy must detail all maternity leave employee rights and include:
Once your maternity leave policy is in place, communicate it to employees. You may even want to set time aside to run through the policy with staff. This ensures everyone is up to date on their responsibilities as well as your position.
And how will an employee’s maternity leave impact business operations?
Assess as soon as you can whether your team can navigate the load or whether you need to hire cover. It could be the case that you work in an industry where, with busy seasonal periods, requiring full roster availability at all times.
Before your employee departs, sit down with them to discuss a handover. This will help ensure that their temporary replacement can hit the ground running, reducing disruption to business processes.
Another form of paid maternity leave in Ireland is Maternity Benefit. This is a payment made to women who are on maternity leave from work and covered by social insurance (PRSI).
Your employees can apply for Maternity Benefit six weeks before they plan to go on maternity leave. Should they receive it, you can continue to pay your employee but request that their Maternity Benefit is paid to you. This should be stipulated in the employee’s contract of employment. You do not have to pay an employee who is receiving maternity benefit.
But how much is maternity benefit in Ireland? The standard weekly rate at present is €289*. When an employee avails of maternity benefit, they automatically get PRSI credits. To continue getting credits while they’re on unpaid additional maternity leave, an employee must ask their employer to complete an application form for maternity leave credits once they return to work.
In general, employees are treated as being in employment while on maternity leave or additional maternity leave. This means they can continue to build up their entitlement to annual leave. They are also entitled to leave for any public holidays that occur during their maternity leave (including additional maternity leave).
Maintaining contact with employees who are on maternity leave is a great way of showing them you care. It’s also important in respect of, e.g., premature birth which can affect maternity leave.
Once they’re happy for you to do so, you can reach out to them every once in a while to see how they’re doing. You can update them on what’s happening within the business and if the occasion arises, invite them along to team bonding sessions. They may even wish to drop in to say hello to their colleagues.
Of course, it’s important to set boundaries. So, before they go on maternity leave, ensure your employee understands their rights. And as for getting in touch, just make sure they’re happy for you to do so, too.
When employees return to work, it’s important to make the transition as smooth as possible. Seek written notice from the employee at least four weeks out from their return date.
Returning from maternity leave rights include an employee’s entitlement to return to the same position they left. However, remember that they may take some time to readjust. If anything has changed in your business, e.g., policies or practices, update them.
In regard to breastfeeding, employees who do so are entitled to paid time off work or a reduction in working hours. This applies to the first six months following the birth of their child.
Disclaimer: The information provided is based on the details released in Ireland's Budget 2025. The policies and changes mentioned are as announced by the Irish government and may be subject to further adjustments or updates. For the most current and comprehensive information, please refer to official government sources or publications.
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