Page 16 - IMO Consultant Guide

The Consultant Guide

It is important to be familiar with your employer’s policies and procedures in this matter. The
Maternity Acts require that employers be provided with four weeks’ notice prior to the
commencement of your maternity leave. Maternity leave must commence at least two weeks before
the expected date of confinement. At least four weeks of leave must be allocated after the expected
date of confinement. If you are on a fixed-term contract you are covered by the Maternity Protection
Act for the duration of your contract only.

An additional sixteen weeks of unpaid maternity leave is also available, if you wish to avail of this it
must be taken consecutively and directly after the initial paid twenty-six weeks. While this leave is
unpaid, you will continue to receive social insurance (PRSI) credits while on this leave. Employees
accrue annual leave and Bank Holidays while on maternity leave. You are required to provide four
weeks’ notice prior to returning to work.
In the case of a premature birth, maternity leave and maternity leave benefit are extendable for a
period after the twenty-six weeks.

In the tragic event that you experience a still-birth or miscarriage after the twenty fourth week of
pregnancy you are entitled to 26 weeks of Maternity leave.

The entire period of pregnancy and maternity leave is a protected period. You are entitled to return
to the same role you had prior to commencement of maternity leave. You do not have to negotiate
your dates of leave, provided they are in line with the legislation you are entitled to your requested
dates.

Paternity Leave

The Paternity Leave and Benefit Act (2015) entitles fathers or other relevant persons to two weeks of
paternity leave. Relevant persons include; the spouse, civil partner, and cohabitant of the mother. This
also includes the spouse, civil partner, or cohabitant of the mother of an adopted child, the sole male
adopter, or to same sex couples adopting.

Paternity leave is paid by the HSE, you will be paid your basic and any fixed allowances less the benefit
received by the state (€235, provided you have sufficient PRSI contributions).

The paternity leave procedure set out by your employer should be adhered to. You are required under
the act to provide at minimum four weeks’ notice prior to the commencement of your paternity leave
dates. The leave must be taken within the first six months from the date of birth or adoption.

Annual leave and bank holidays are accrued during paternity leave. Paternity leave is protected you
are entitled to return to the same role as before the leave commenced.

Paternity leave may be applied for after the first six months in the case that the child has been
hospitalised during that period.

Adoptive Leave

The Adoptive Leave Acts 1995-2005 entitles an adopting mother or a sole male adopter to twenty-
four consecutive weeks of adoptive leave. Your basic and fixed allowances will be paid less the
adoptive leave benefit paid by the state (€235, provided you have sufficient social insurance
contributions).

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