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Entitlements

• A pregnant employee is entitled to 26 weeks maternity leave, as provided by the Maternity Protection Acts.
• The pregnant employee is also entitled to a further 16-week maternity leave, which commences immediately after her original maternity leave expires.

Notification Requirements for maternity leave

• The pregnant employee is required to notify her employer in writing of her intention to take maternity leave.
• The employer must be notified as soon as reasonably practicable or no later than four weeks before the commencement of the employee's maternity leave.

Notification requirements for additional maternity leave

• If the employee intends to avail of her entitlement to additional maternity leave, then she must notify her employee at the same time as notifying her employer of her intention to take ordinary maternity leave.
• Alternatively, the employee may notify her employer no later than four weeks before her expected return to work.

Maternity Leave and Payment

• An employer is not required to pay an employee during maternity leave, unless her contract of employment provides otherwise.
• The employee may qualify for for a 26-week Maternity benefit from the Department of Social Protection.
• If the employee decides to avail of the additional 16 weeks maternity leave, then unless her contract provides otherwise, this will be unpaid.

Maternity Leave and Dismissal

• The Unfair Dismissals Acts 1977-2007 provide that the dismissal of an employee while she is pregnant, exercising her right to maternity leave or where the employee takes time off to attend ante-natal classes is automatically unfair.
• The employee may alternatively make a claim of discriminatory dismissal under the Employment Equality Acts 1998-2004 on the grounds that she was discriminated against based on her gender and family status.