Family Medical Leave Act
There are a number of family leave acts which make sure that your leave requirements and protected by law. The forms of leave will vary depending on the jurisdiction that you live in. The leave acts cover maternity leave, paternity leave and paternal leave. The following is a quick guide to the Irish family & medical leave acts.Duration of Maternity Leave
You are entitled to take 18 weeks maternity leave and maternity benefit will be paid for that duration if you qualify for it. You can take up to an additional 8 weeks leave, but you will not receive maternity benefit for this extra leave and your employer is not obliged to make any payments to you either.You are entitled to return to work after maternity leave. If you cannot return to your original job, then your employer must provide you with suitable alternative work. This new position should not be on terms substantially less favourable than those of your previous job.
You are entitled to be treated as if you had been at work during your maternity leave. Your employment conditions cannot be worsened by the fact that you have taken maternity leave, and if pay or other conditions have improved while you have been on maternity leave then you are entitled to these benefits when you return to work. These entitlements are protected by family leave acts
Medical Visits
You are entitled to time off for your medical appointments during your pregnancy and up to 14 weeks after your pregnancy. You will need to provide your employer with medical evidence confirming the pregnancy, give two weeks notice of your medical visits. You are entitled to be paid while keeping these medical appointments both before and after the birth.How do I know if I qualify?
Maternity Benefit is paid by the Department of Social, Community and Family Affairs to women who have paid a certain number of PRSI contributions on their own insurance record and who are in recognised work up to the first day of their maternity leave. The last day of work can be within 10 weeks of the expected date of arrival of your baby.The PRSI contributions can be from employment or self-employment - classes of PRSI that count are A, E, H and S (self-employed).
If you are employed you must have:
- at least 39 weeks PRSI paid in the 12 month period before the first day of your maternity leave;
or - at least 39 weeks PRSI paid since first starting work and, in general, at least 39 weeks PRSI paid or credited in the last complete tax year before the year in which your maternity leave commences. For example, if you are going on maternity leave in October 2000, the relevant tax year is 1998/1999. If a tax year later than the relevant tax year has ended before the start of your maternity leave (in this case 1999/2000) contributions in that tax year may be used to help you qualify for maternity benefit.
or - at least 26 weeks PRSI paid in the relevant tax year and at least 26 weeks PRSI paid in the tax year prior to the relevant tax year. This provision applies to you if your maternity leave began on or after 23 March 2001. If you failed to qualify on the basis of the contribution conditions up to 23 March 2001, you are only entitled to claim maternity leave for any period of unexpired certified leave after 23 March 2001.
If you are self-employed you must have:
- 52 weeks PRSI contributions paid at Class S in the last relevant tax year before the year in which your claim is made
or - 52 weeks PRSI contributions paid at Class S in the second last relevant tax year before the year in which your claim is made.
If you are now self-employed but you were in insurable employment before you became self-employed, the PRSI contributions (Class A, E and H) paid by you in that employment may help you qualify for Maternity Benefit if you do not satisfy the self-employment conditions as stated above.
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