Maternity Issues
S.I. No. 357/1981 –
Maternity Protection (Disputes and Appeals) Regulations, 1981.
I, LIAM KAVANAGH, Minister for Labour, in exercise of the powers conferred on me by section 27 (4) of the Maternity Protection of Employees Act, 1981 (No. 2 of 1981), and after compliance with section 4 (5) of that Act, hereby make the following Regulations:
1. These Regulations may be cited as the Maternity Protection (Disputes and Appeals) Regulations, 1981, and shall come into operation on the 23rd day of October, 1981.
2. In these Regulations—
“the Act” means the Maternity Protection of Employees Act, 1981 (No. 2 of 1981);
“the Act of 1977” means the Unfair Dismissals Act, 1977 (No. 10 of 1977);
“appeal” means an appeal under section 9 of the Act of 1977 (as applied by section 27 of the Act) in relation to a dispute;
“dispute” means a dispute under section 27 of the Act;
“employee” means an employee to whom section 27 of the Act, as modified by Regulations 4 and 5 of these Regulations, applies;
“employer” includes the successor within the meaning assigned to it by section 20 of the Act or an associated employer, and for the purposes of these Regulations sections 1 and 2 (1) of the Act of 1977 shall be construed accordingly;
“the Register” means the Register of Maternity Protection Determinations provided for by Regulation 12 of these Regulations;
“the Tribunal” means the Employment Appeals Tribunal.
3. Section 1 of the Act of 1977 shall be construed as if, after “the Redundancy Payments Act, 1971 ” in the definition of “redundancy”, there were inserted “and the reference to redundancy in section 26 (2) of the Maternity Protection of Employees Act, 1981 , shall be construed accordingly”.
4. Section 2 of the Act of 1977 shall not be construed as preventing sections 6 (2) (f) and 6 (2) (g) of that Act from applying to an employee within the meaning of these Regulations.
5. Section 2 (1) (a) of the Act of 1977 (which specifies persons in relation to whom that Act does not apply) shall, for the purposes of section 27 of the Act, be construed as if the requirement of one year’s continuous service with the employer does not apply to an employee who is a party to a dispute or appeal.
6. Section 8 (4) (a) of the Act of 1977 shall, for the purposes of section 27 of the Act, be construed as if “refer the dispute to” were substituted for “bring the claim before”, and section 27 (3) (b) of the Act shall be construed accordingly.
7. (1) A dispute arising within 156 weeks of the date of confinement of the employee concerned may be referred to the Tribunal by a notice in writing given to the Tribunal within six months of the commencement of the dispute by a party to the dispute.
(2) As soon as possible after a notice under paragraph (1) of this Regulation has been given to the Tribunal a copy of the notice shall be given, by or on behalf of the party who gave the notice, to the other party to the dispute.
(3) An appeal to the Tribunal from a recommendation of a rights commissioner in relation to a dispute shall be initiated by a party to a dispute giving, within six weeks of the date on which the recommendation was given to that party, a notice in writing to the Tribunal indicating that party’s intention to appeal against the recommendation, and a copy of the notice shall be given by that party to the other party to the dispute within that six-week period.
(4) A notice under this Regulation shall specify—
(a) the name and address of the party to the dispute referring the dispute or bringing the appeal,
(b) the name and address of the other party to the dispute or appeal, and
(c) particulars of the facts or contentions which the party referring the dispute or bringing the appeal will put forward at the hearing.
(5) A mistake of a formal nature shall not operate to invalidate a notice under this Regulation.
(6) The time-limit or time-limits referred to in paragraph (1) or (3) of this Regulation shall not operate so as to prevent the referral of a dispute or the bringing of an appeal to the Tribunal in any case where, in the opinion of the Tribunal, sufficient evidence is tendered as to the reason or reasons for non-compliance with such a time-limit or time-limits.
(7) (a) A dispute arising within 156 weeks of the date of confinement of the employee concerned may be referred to a rights commissioner within six months of the commencement of the dispute by a party to the dispute.
(7) (b) The time-limit or time-limits referred to in subparagraph (a) of this paragraph shall not operate so as to prevent the referral of a dispute to a rights commissioner in any case where, in the opinion of that rights commissioner, sufficient evidence is tendered as to the reason or reasons for non-compliance with such a time-limit or time-limits.
8. A referral under Regulation 7 of these Regulations or an appeal may be withdrawn by giving a written notification to that effect to the Tribunal.
9. (1) A party to a dispute or appeal who receives a copy of a notice under Regulation 7 of these Regulations and who intends to contest the dispute or appeal shall give to the Tribunal, within 14 days of the receipt by him of the copy of the notice, a notice in writing indicating that he intends to contest the dispute or appeal and specifying the facts or contentions which he will put forward at the hearing by the Tribunal.
(2) A party to a dispute or appeal who does not give a notice under paragraph (1) of this Regulation shall not be entitled to take part in or be present or represented at any proceedings before the Tribunal in relation to the dispute or appeal unless the Tribunal at its discretion otherwise decides.
(3) A party to a dispute or appeal may, before the expiration of the period referred to in paragraphs (1) of this Regulation, apply, by giving to the Tribunal a notice in writing containing the reasons for his application, for an extension of that period and the Tribunal may make such decision relating to the application as it thinks just.
10. Where the Tribunal receives a notice referred to in Regulations 7 (1), 7 (3), 9 (1) or 9 (3) of these Regulations or a notification under Regulation 8 of these Regulations, the Tribunal shall duly cause a copy of the notice or notification to be given to the other party concerned.
11. The chairman of the Tribunal may, by certificate under his hand, correct any mistake (including an omission) of a verbal or formal nature in a determination of the Tribunal in relation to a dispute or appeal.
12. (1) The Tribunal shall maintain a register, to be known as the Register of Maternity Protection Determinations (and referred to in this Regulation as “the Register”), and shall cause to be entered in the Register particulars of every determination by the Tribunal under section 27 of the Act.
(2) The Register may be inspected free of charge by any person during normal office hours.
(3) Where the chairman of the Tribunal makes a correction pursuant to Regulation 11 of these Regulations particulars of the correction shall be entered in the Register.
(4) A copy of an entry in the Register shall be duly given to the parties concerned.
13. (1) Any notice or notification required by these Regulations to be given to the Tribunal may be sent by registered post addressed to the Secretary, Employment Appeals Tribunal, Dublin 4.
(2) Any document required by these Regulations to be given to a party to a dispute may be sent by registered post addressed to the party—
(a) in case his address is specified in a notice under Regulation 7 of these Regulations, at that address,
(b) in the case of a body corporate whose address is not so specified, at its registered office,
and
(c) in any other case, at his known place of residence or at a place where he works or carries on business.
(3) Any document required by these Regulations to be sent or given to a party to a dispute and sent or given to a person authorised to receive it by the person to whom it is required by these Regulations to be sent or given shall be taken for the purposes of these Regulatons to have been sent or given to that person.
14. Regulations 10 to 17 (2), 19, 20, 20A (inserted by the Redundancy (Redundancy Appeals Tribunal) (Amendment) Regulations, 1969 ( S.I. No. 26 of 1969 )), 23 and 24 of the Redundancy (Redundancy Appeals Tribunal) Regulations, 1968 ( S.I. No. 24 of 1968 ), shall, with any necessary modifications (and, in the case of the said Regulations 20 and 20A, with the modification that a sum awarded by the Tribunal under either such Regulation shall, in lieu of being paid out of the Fund referred to therein, be paid by the Minister for Labour with the consent of the Minister for Finance) apply in relation to a dispute, an appeal or proceedings in relation to a dispute or appeal as they apply in relation to appeals provided for by section 39 of the Redundancy Payments Act, 1967 (No. 21 of 1967).
15. Regulation 5 (2) of the Unfair Dismissals (Claims and Appeals) Regulations 1977 ( S.I. No. 286 of 1977 ), is hereby modified by the insertion after “in relation to the claim or appeal” of “unless the Tribunal at its discretion otherwise decides”.
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GIVEN under my Official Seal, this 16th day of October, 1981.
LIAM KAVANAGH,
Minister for Labour.
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
The central purpose of these Regulations is to prescribe the procedure to be followed in relation to the submission and hearing of disputes and appeals before the Employment Appeals Tribunal under the Maternity Protection of Employees Act, 1981 .
S.I. No. 17/1995 –
Maternity Protection (Disputes and Appeals) Regulations, 1995.
MATERNITY PROTECTION (DISPUTES AND APPEALS) REGULATIONS, 1995.
I, MERVYN TAYLOR, Minister for Equality and Law Reform, in exercise of the powers conferred on me by sections 30 (5), 31 (1) and 33 (2) of the Maternity Protection Act, 1994 (No. 34 of 1994), hereby make the following Regulations:
1. These Regulations may be cited as the Maternity Protection (Disputes and Appeals) Regulations, 1995 and shall come into operation on the 30th day of January, 1995.
2. In these Regulations—
“the Act” means the Maternity Protection Act, 1994 (No. 34 of 1994);
“dispute” means a dispute to which Part V of the Act applies and “appeal” shall be construed accordingly;
“notice of appeal” means a notice under section 33 (2) of the Act;
“notice of dispute” means a notice under section 31 (1) of the Act;
“the Register” has the meaning given by Regulation 9 (1);
“the Tribunal” means the Employment Appeals Tribunal.
3. (1) A notice of dispute or notice of appeal shall specify—
( a ) the name and address of the party referring the dispute or bringing the appeal;
( b ) the name and address of the other party to the dispute or appeal; and
( c ) particulars of the facts or contentious which the party referring the dispute or bringing the appeal will put forward at the hearing.
(2) A party to a dispute or appeal (“the respondent”) who receives from a rights commissioner or the Tribunal a copy of a notice of dispute or notice of appeal shall, within 14 days of the receipt of that notice, or within such longer period as the rights commissioner or Tribunal may allow, by notice—
( a ) indicate to the rights commissioner or Tribunal whether the respondent intends to contest the dispute or appeal; and
( b ) if the respondent does so intend, specify the facts or contentions which the respondent will put forward at the hearing.
(3) If the respondent does not comply with paragraph (2), he shall be treated for the purposes of these Regulations as having given notice under that paragraph that he does not intend to contest the dispute or appeal in question.
(4) A mistake of a formal nature shall not operate to invalidate a notice under this Regulation.
4. (1) If, after receipt by the Tribunal of a relevant notice, that is to say,—
( a ) a notice of appeal, or
( b ) a notice under Regulation 3 (2) indicating an intention to contest the appeal,
it appears to the chairman of the Tribunal appropriate to do so, the secretary of the Tribunal may, by notice in writing given to the party from whom the relevant notice was received, require that party to furnish to the Tribunal further particulars relating to the facts or contentious which that party will put forward at the hearing.
(2) As soon as may be after the receipt by the Tribunal of further particulars furnished by a party to an appeal pursuant to a notice from the Tribunal under paragraph (1), the Tribunal shall send a copy of those further particulars to the other party concerned.
5. (1) The chairman of the Tribunal shall from time to time fix dates, times and places for hearings (including postponed and adjourned hearings); and the secretary to the Tribunal shall give notice thereof to all persons appearing to the chairman to be concerned.
(2) The hearing of an appeal by the Tribunal shall take place in public unless, at the request of either party to the appeal, the Tribunal decides to hear the appeal, or any part of it, in private.
(3) Subject to paragraph (4), any party to an appeal may appear and be heard in person or may be represented by counsel or a solicitor or by a representative of a trade union or an association of employers or, with the leave of the Tribunal, by any other person.
(4) Unless the Tribunal at its discretion otherwise directs, paragraph (3) does not apply to a party who has (or is treated as having) given notice under Regulation 3 (2) that he does not intend to contest the appeal.
6. (1)A party to an appeal may—
( a ) make an opening statement;
( b ) call witnesses;
( c ) cross examine any witness called by the other party;
( d ) give evidence on the party’s own behalf; and
( e ) address the Tribunal at the close of the evidence.
(2) The Tribunal may admit any duly authenticated written statement as prima facie evidence when ever it thinks it just and proper to do so.
(3) The Tribunal may postpone or adjourn the hearing of an appeal from time to time.
(4) If, after notice of a hearing has been duly given, either of the parties fails to appear at the hearing, the Tribunal, after considering all the evidence before it, may make a determination on the appeal or may adjourn the hearing to a later date.
7. (1) A determination of the Tribunal on an appeal may be taken by a majority of the members.
(2) A determination of the Tribunal on an appeal shall be recorded in a document signed by the chairman and sealed with the seal of the Tribunal.
8. By notice in writing to the parties to a dispute or appeal, a rights commissioner or, as the case may be, the chairman of the Tribunal may correct any mistake (including an omission) of a verbal or formal nature in a decision or determination.
9. (1) The Tribunal shall maintain a register (in these Regulations referred to as “the Register”) in which shall be entered particulars of every determination by the Tribunal under Part V of the Act.
(2) The Register may be inspected free of charge by any person during normal office hours.
(3) When the chairman of the Tribunal makes a correction in a determination pursuant to Regulation 8, particulars of the correction shall be entered in the Register.
(4) The Tribunal shall ensure that a copy of an entry in the Register is given to the parties to the determination concerned.
10. (1) Subject to paragraph (2), neither a rights commissioner nor the Tribunal shall award costs against any party to a dispute or an appeal.
(2) If, on an appeal, the Tribunal is of the opinion that a party (including one who has not entered an appearance) has acted frivolously or vexatiously, the Tribunal may make an order that that party shall pay to the other party such sum in respect of travelling expenses and, subject to paragraph (3), any other costs reasonably incurred as the Tribunal considers just.
(3) Cost shall not be awarded in respect of attendance at the appeal by any party or any person representing a party by virtue of Regulation 5 (3).
(4) Any amount ordered to be paid under this Regulation shall be recoverable as a simple contract debt.
11. (1) Subject to paragraph (2), the Tribunal may, at its discretion, award to persons appearing before it and whose appearance is deemed essential by the Tribunal—
( a ) travelling expenses and subsistence allowances in accordance with such scale as the Minister, with the consent of the Minister for Finance, may determine, and
( b ) such sum in respect of expenses for loss of remunerative time as the Tribunal considers reasonable.
(2) The Tribunal shall not make an award under paragraph (1) in respect of the attendance before it of—
( a ) the appellant or the respondent; or
( b ) any person representing a party by virtue of Regulation 5 (3).
(3) Any sums awarded under paragraph (1) shall be paid out of the Social Insurance Fund.
12. (1) Any notice required by these Regulations to be given to a rights commissioner shall be properly given if sent by registered post addressed to the Rights Commissioner, Labour Relations Commission, Dublin 4.
(2) Any notice required by these Regulations to be given to the Tribunal shall be properly given is sent by registered post addressed to the Employment Appeals Tribunal, Dublin 2.
GIVEN under my Official Seal, this 30th day of January, 1995.
MERVYN TAYLOR,
Minister for Equality and Law
Reform.
EXPLANATORY NOTE.
These Regulations prescribe procedures to be followed in relation to the hearing of disputes and appeals by a rights commissioner or the Employment Appeals Tribunal under the Maternity Protection Act, 1994 . They also provide for matters incidental to the hearing of such disputes and appeals, including the contents of notices of dispute and appeal, notifications of decisions and determinations, the fixing of hearings and procedures at hearings and the awarding of costs and expenses.
S.I. No. 358/1981 –
Maternity Protection (Time Off For Ante-Natal and Post-Natal Care) Regulations, 1981.
I, LIAM KAVANAGH, Minister for Labour, in exercise of the powers conferred on me by section 16 of the Maternity Protection of Employees Act, 1981 (No. 2 of 1981), and after compliance with section 4(5) of that Act, hereby make the following Regulations:
1. These Regulations may be cited as the Maternity Protection (Time off for Ante-Natal and Post-Natal Care) Regulations, 1981, and shall come into operation on the 23rd day of October, 1981.
2. In these Regulations—
“the Act of 1981” means the Maternity Protection of Employees Act, 1981 (No. 2 of 1981);
“confined” shall be construed in accordance with the meaning assigned to “confinement” by the Act of 1981;
“medical or related appointment” means, in relation to an employee, an appointment for the purpose of an examination or test to be undergone by the employee that is carried out by, under the supervision or at the direction of, a registered medical practitioner and that—
(a) in the case of ante-natal care, relates directly to an existing pregnancy of the employee, and
(b) in the case of post-natal care, is after a confinement of the employee and exclusively consequential on that confinement;
“normal working time”, in relation to time off from work, does not include overtime in the case of an employee who, in the month ending on the day on which the time off from work is taken, has worked less than 20 hours of overtime.
3. Subject to Regulation 4 of these Regulations, an employee to whom Part II of the Act of 1981 applies, who is pregnant and who has a medical or related appointment shall be entitled to take such time off from her work during her normal working time as is necessary to enable her to keep that appointment.
4. (1) Entitlement to time off from her work under Regulation 3 of these Regulations shall be subject to an employee’s having—
(a) notified her employer in writing of the date and time of the appointment to which the time off from her work will relate as soon as practicable and in any event not later than two weeks before the date of the appointment, and
(b) produced for her employer’s inspection, if he so requests, an appointment card or other appropriate document—
(i) indicating the date and time of the appointment, and
(ii) confirming the pregnancy or specifying the expected week of confinement.
(2) Paragraph (1) (b) of this Regulation shall not apply where the employee’s appointment is her first medical or related appointment in relation to the pregnancy to which the appointment relates.
(3) Where the circumstances are such that compliance by an employee with paragraph (1) of this Regulation is not possible and non-compliance is not due to the neglect or default of the employee in relation to the arrangement of the appointment, the employee shall be deemed to have complied with the reequirements of the said paragraph (1) if she furnishes the employer with evidence of her having kept a medical or related appointment and an indication of the circumstances aforesaid not later than one week after the date of such appointment.
5. Subject to Regulation 6 of these Regulations, an employee to whom Part II of the Act of 1981 applies, who has been confined and who has a medical or related appointment during the period of 14 weeks immediately after the confinement shall be entitled to take such time off from her work during her normal working time as is necessary to enable her to keep that appointment.
6. Entitlement to time off from her work under Regulation 5 of these Regulations shall be subject to an employee’s having—
(a) notified her employer in writing of the date and time of the appointment to which the time off from her work will relate as soon as practicable and in any event not later than two weeks before the date of the appointment, and
(b) produced for her employer’s inspection, if he so requests, an appointment card or other appropriate document indicating the date and time of the appointment and the date of her confinement.
7. These Regulations are without prejudice to the right of an employer and his female employees or their representatives to enter into an agreement concerning the question of the payment of remuneration (and the rate or amount of such remuneration) to the female employees in respect of time off from their work under these Regulations.
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GIVEN under my Official Seal, this 16th day of October, 1981.
LIAM KAVANAGH,
Minister for Labour.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations set out the details of the general entitlement of employees to time off from work for the purpose of ante-natal and post-natal care under section 16 of the Maternity Protection of Employees Act, 1981 , and they have the effect of bringing that section into operation.
S.I. No. 18/1995 –
Maternity Protection (Time Off For Ante-Natal and Post-Natal Care) Regulations, 1995.
MATERNITY PROTECTION (TIME OFF FOR ANTE-NATAL AND POST-NATAL CARE) REGULATIONS, 1995.
I, MERVYN TAYLOR, Minister for Equality and Law Reform, in exercise of the powers conferred on me by section 15 of the Maternity Protection Act, 1994 (No. 34 of 1994), hereby make the following Regulations:
1. These Regulations may be cited as the Maternity Protection (Time off for Ante-Natal and Post-Natal Care) Regulations, 1995 and shall come into operation on the 30th day of January 1995.
2. In these Regulations—
“the 1994 Act” means the Maternity Protection Act, 1994 (No. 34 of 1994);
“confined” has the meaning given by section 41 of the Social Welfare (Consolidation) Act, 1993 ;
“employee” has the same meaning as in Part II of the 1994 Act;
“medical or related appointment” means, in relation to an employee, an appointment for the purpose of an examination or test to be undergone by the employee that is carried out by, under the supervision of, or at the direction of, a registered medical practitioner and that—
( a ) in the case of ante-natal care, relates directly to an existing pregnancy of the employee; and
( b ) in the case of post-natal care, is after a confinement of the employee and consequential on that confinement;
“normal working time”, in relation to time taken off from work, does not include overtime in the case of an employee who, in the month ending on the day on which the time off from work is taken, has worked less than 20 hours of overtime.
3. Subject to Regulation 4 of these Regulations, an employee who is pregnant and who has a medical or related appointment shall be entitled, without loss of pay, to take such time off from her work during her normal working time as is necessary to enable her to keep that appointment.
4. (1) Entitlement to time off from her work under Regulation 3 of these Regulations shall be subject to an employee’s having—
( a ) notified her employer in writing of the date and time of the appointment to which the time off from her work will relate as soon as practicable and in any event not later than two weeks before the date of the appointment, and
( b ) produced for her employer’s inspection, on request, an appointment card or other appropriate document—
(i) indicating the date and time of the appointment, and
(ii) confirming the pregnancy or specifying the expected week of confinement.
(2) Paragraph (1) (b) of this Regulation shall not apply where the employee’s appointment is her first medical or related appointment in relation to the pregnancy to which the appointment relates.
(3) Where the circumstances are such that, in the case of a particular appointment—,-
( a ) compliance by an employee with paragraph (1) of this Regulation is not possible, and
( b ) non-compliance is not due to the neglect or default of the employee in relation to the arrangement of the appointment,
she shall be deemed to have complied with the requirement of that paragraph if, not later than one week after the date of the appointment, she furnishes the employer with evidence of her having kept the appointment and an indication of the circumstances which occasioned the non-compliance.
5. Subject to Regulation 6 of these Regulations, an employee who has been confined and who has a medical or related appointment during the period of 14 weeks immediately after the confinement shall be entitled, without loss of pay, to take such time off from her work during her normal working time as is necessary to enable her to keep that appointment.
6. (1) Entitlement to time off from her work under Regulation 5 of these Regulations shall be subject to an employee’s having—
( a ) notified her employer in writing of the date and time of the appointment to which the time off from her work will relate as soon as practicable and in any event not later than two weeks before the date of the appointment; and
( b ) produced for her employer’s inspection, on request, an appointment card or other appropriate document indicating the date and time of the appointment and the date of her confinement.
(2) Where the circumstances are such that, in the case of a particular appointment,—
( a ) compliance by the employee with paragraph (1) of this Regulation is not possible, and
( b ) non-compliance is not due to the neglect or default of the employee in relation to the arrangement of the appointment, she shall be deemed to have complied with the requirements of that paragraph if, not later than one week after the date of the appointment in question, she furnishes her employer with evidence of her having kept the appointment and an indication of the circumstances which occasioned the non-compliance.
GIVEN under my Official Seal, this 30th day of January, 1995.
MERVYN TAYLOR,
Minister for Equality and Law
Reform.
EXPLANATORY NOTE.
These Regulations set out the details of the general entitlement of employees to time off from work for the purpose of ante-natal and post-natal care under section 15 of the Maternity Protection Act, 1994 .
S.I. No. 653/2004 –
Maternity Protection (Time Off For Ante-Natal Classes) Regulations 2004
STATUTORY INSTRUMENTS.
S.I. No. 653 of 2004 .
MATERNITY PROTECTION (TIME OFF FOR ANTE-NATAL CLASSES) REGULATIONS 2004.
S.I. No. 653 of 2004 .
MATERNITY PROTECTION (TIME OFF FOR ANTE-NATAL CLASSES) REGULATIONS 2004.
I, MICHAEL McDOWELL T.D., Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 15A (inserted by section 8 of the Maternity Protection (Amendment) Act 2004 (No. 28 of 2004)) of the Maternity Protection Act 1994 (No. 34 of 1994) and the Equality and Law Reform (Transfer of Departmental Administration and Ministerial Functions) Order ( S.I. No. 297 of 1997 ) (as adapted by the Justice (Alteration of Name of Department and Title of Minister) Order 1997 ( S.I. No. 298 of 1997 )), hereby make the following regulations:
1. (1) These Regulations may be cited as the Maternity Protection (Time off for Ante-Natal Classes) Regulations 2004.
(2) These Regulations shall come into operation on 18 October 2004.
2. In these Regulations “Principal Act” means Maternity Protection Act 1994 (No. 34 of 1994).
3. (1) Subject to Regulation 4 of these Regulations, a pregnant employee to whom section 15A(1) of the Principal Act applies shall be entitled to such time off from her work, without loss of pay, as is necessary for the purpose of attending one set of ante-natal classes (other than the last 3 classes in such a set).
(2) Subject to Regulation 4 of these Regulations, an expectant father of a child to whom section 15A(2) of the Principal Act applies shall be entitled once only to such time off from his work, without loss of pay, as is necessary for the purpose of attending the last 2 ante-natal classes in a set of such classes attended by the expectant mother of their child before the birth of the child.
4. (1) Entitlement to time off from work shall be subject to a pregnant employee to whom section 15A(1) of the Principal Act applies, or an expectant father of a child to whom section 15A(2) of the Principal Act applies, having—
(a) notified her or his employer in writing of the dates and times of the classes, or the date and time of each class, to which the time off will relate as soon as practicable and in any event not later than 2 weeks before the date of the first class, or the class concerned, as the case may be, and
(b) produced for her or his employer’s inspection, if so requested by the employer, an appropriate document indicating the dates and times of the classes or the date and time of the class concerned.
(2) Where the circumstances are such that, in the case of a particular class, non-compliance by the pregnant employee or the expectant father with paragraph (1) of this Regulation is not due to her or his neglect or default in relation to attendance at the class, she or he shall be deemed to have complied with the requirements of that paragraph if, not later than 1 week after the date of the class concerned, she or he furnishes her or his employer with evidence of her or him having attended the class and an indication of the circumstances which occasioned the non-compliance.
5. Subject to Regulation 4 of these Regulations, if a pregnant employee to whom section 15A(1) of the Principal Act applies is unable to attend one full set of ante-natal classes (other than the last 3 classes in such a set) during a pregnancy due to circumstances beyond her control, including miscarriage, the premature birth of the baby concerned or the illness of the employee, she shall be entitled during one or more subsequent pregnancies to such time off from her work, without loss of pay, as is necessary for her to attend the classes (other than the last 3 classes) in such a set not attended by her.
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GIVEN under my Official Seal, 7th October, 2004.
MICHAEL McDOWELL,
Minister for Justice, Equality and Law Reform.
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations set out the details of the general entitlement of employees to time off work without loss of pay for the purposes of attending ante-natal classes under section 8 of the Maternity Protection (Amendment) Act 2004 .
S.I. No. 19/1995 –
Maternity Protection (Health and Safety Leave Certification) Regulations, 1995.
MATERNITY PROTECTION (HEALTH AND SAFETY LEAVE CERTIFICATION) REGULATIONS, 1995.
I, MERVYN TAYLOR, Minister for Equality and Law Reform, after consultation with the Minister for Finance, the Minister for Social Welfare and the Minister for Enterprise and Employment, in exercise of the powers conferred on me by section 18 (2) of the Maternity Protection Act, 1994 (No. 34 of 1994), hereby make the following Regulations:
1. These Regulations may be cited as the Maternity Protection (Health and Safety Leave Certification) Regulations, 1995 and shall come into operation on the 30th day of January, 1995.
2. The Certificate which an employee is entitled to receive, on request of her employer, under section 18 (2) of the Maternity Protection Act, 1994 shall be in the form set out in the Schedule to these Regulations (“the Scheduled form”) or in a form substantially to the like effect which contains—
( a ) the appropriate information referred to in the Scheduled form; and
( b ) such certification, declaration and undertaking as are required by the Scheduled form.
SCHEDULE
CERTIFICATE OF RISK, NON-FEASIBILITY OF PROVIDING OTHER WORK AND GRANT OF LEAVE ON HEALTH AND SAFETY GROUNDS
Maternity Protection Act, 1994
I EMPLOYEE DETAILS
Name:
Figures
Letters
Name:…………………………………….
RSI Number:
|__|__|__|__|__|__|__|
|__|__|
Employee’s Occupation:…………………
The employee named above has notified me that:
she is pregnant
□
}
she has recently given birth
□
tick as appropriate
she is breastfeeding
□
Is employee employed under a
fixed-term contract?
Yes □
No □
If’Yes’ state date contract ends
|_____|_____|_____|
II CERTIFICATION OF RISK
Please complete either (a)— workplace risk or (b) nightwork risk
( a ) The following risk(s) to the employee named above has/have been identified arising from a risk assessment undertaken in accordance with Regulations under the Safety, Health and Welfare at Work Act, 1989 .
List risk(s) …………………………………………………… …………………………………………
…………………………………………………… …………………………………………………… ………………………………………………..
…………………………………………………… …………………………………………………… ………………………………………………..
Specify the reasons why it is not possible to eliminate the risk(s):
…………………………………………………… …………………………………………………… ………………………………………………..
…………………………………………………… …………………………………………………… ………………………………………………..
( b ) The employee named above is required to perform nightwork (i.e. work between the hours of 11 pm and 6 am where the employee normally works at least three hours in the said period or at least 25% of her monthly working time in that period) and the medical registered practitioner named below has certified that the performance of night work poses a risk to the employee’s health/safety and furthermore it is not feasible to transfer the employee to daywork.
Name of medical registered practitioner: …………………………………………………… ……………………………………..
III CERTIFICATION OF NON-FEASIBILITY OF OTHER WORK AND THE GRANTING OF LEAVE
As a result of the risk(s) identified above and, arising from Regulations on Safety, Health and Welfare at Work (Pregnant Employees, etc.) ( S.I. No. 446 of 1994 ) and the Maternity Protection Act, 1994 for the reason(s) indicated as applying below the employee has been granted leave on health and safety grounds because
(i)
it is not technically or objectively feasible to move the employee
□
}
tick as appropriate
(ii)
such a move cannot be required on duly substantiated grounds
□
(iii)
the other work proposed for the employee is not suitable for her
□
IV SUPPLEMENTARY INFORMATION
Date of commencement of leave on health and safety grounds
Date:
Day MonthYear
Expected duration of leave (in weeks):………………………………….
|_____|_____|_____|
Expected date or date of confinement as appropriate
Day Month Year
|______|______|______|
Date of last day of 21 days health and safety leave during which payment by employer applies
Day MonthYear
|_____|_____|_____|
V DECLARATION
I/We declare that the details I/we have given above are true and complete.
I/We undertake to inform the Department of Social Welfare immediately in the event of notifying the employee to return to work where:
—the risk to the employee no longer exists
—other work becomes available for the employee
Signed by or on behalf of Employer:
Company’s Name:………………………
…………………………………………………… ………………………..
Address:……………………………………
Position:…………………………………………………… ………….
………………………………………………….
Day Month Year
…………………………………………………… ……
Date: |______|______|_____|
Employer’s Registered Number:………..
Date………………………. 19……..
Telephone Number:……………………………………..
EMPLOYER’S OFFICIAL STAMP
GIVEN under my Official Seal, this 30th day of January, 1995.
MERVYN TAYLOR,
Minister for Equality and Law
Reform.
EXPLANATORY NOTE.
These Regulations determine the form of the certificate to be issued by employers to employees who are pregnant, have recently given birth or who are breastfeeding where the granting of leave on health and safety grounds is deemed essential.
S.I. No. 20/1995 –
Maternity Protection (Health and Safety Leave Remuneration) Regulations, 1995.
MATERNITY PROTECTION (HEALTH AND SAFETY LEAVE REMUNERATION) REGULATIONS, 1995.
I, MERVYN TAYLOR, Minister for Equality and Law Reform, after consultation with the Minister for Finance, the Minister for Social Welfare and the Minister for Enterprise and Employment, in exercise of the powers conferred on me by section 18 (4) of the Maternity Protection Act, 1994 (No. 34 of 1994), hereby make the following Regulations;
1. These Regulations may be cited as the Maternity Protection (Health and Safety Leave Remuneration) Regulations, 1995 and shall come into operation on the 30th day of January, 1995.
2. In these Regulations—
“the Act” means the Maternity Protection Act, 1994 (No. 34 of 1994);
“basis week”, in relation to an employee to whom health and safety leave has been granted, means—
( a ) if the employee’s pay is calculated by reference to a week ending on a day other than a Saturday, the last such week ending the first of her 21 days of health and safety leave, and
( b ) in any other case, the week ending on the last Saturday before the first of those 21 days;
“employee” means an employee to whom Part III of the Act applies;
“fixed rate”, in relation to an employee’s pay, means a rate of pay which is (or is a combination of)—
( a ) a fixed wage, salary, allowance or bonus for each week, month or any other fixed period; or
( b ) a fixed hourly or other time rate for a set number of hours (or other period of time) per week, month or any other fixed period;
“health and safety leave” means leave granted under section 18 of the Act;
“normal weekly pay” shall be construed in accordance with Regulations 4 and 5.
3. (1) Subject to paragraph (2), the remuneration which an employee shall be entitled to receive from the employer for the 21 days of health and safety leave referred to in section 18 (4) of the Act shall be an amount equal to three times the employee’s normal weekly pay.
(2) If, in the case of any employee, the 21 days of health and safety leave are not consecutive, then—
( a ) if, in those 21 days, there is a period of at least 14 consecutive days, the employee shall be entitled to receive—
(i) in respect of the first 14 of those days, an amount of remuneration equal to twice her normal weekly pay, and
(ii) in respect of each (if any) further day in that period, remuneration at the appropriate daily rate for that day;
( b ) if, in those 21 days, there is a period of 7, but less than 14, consecutive days, the employee shall be entitled to receive—
(i) in respect of the first 7 of those days, an amount of remuneration equal to her normal weekly pay, and
(ii) in respect of each (if any) further day in that period, remuneration at the appropriate daily rate for that day; and
( c ) if, in those 21 days, there is a period of not more than 6 consecutive days (including a period of a single day) the employee shall be entitled to receive remuneration at the appropriate daily rate in respect of each of the days in that period.
(3) In paragraph (2), “the appropriate daily rate”, in relation to a particular employee means—
( a ) for any day, other than one falling within paragraph (b), an amount equal to her normal weekly pay dividend by the number of days which she works in a normal working week or, if he does not work a set number of days, divided by five; and
( b ) for any day (such as Sunday) on which the employee would not normally work, nil.
4. (1) Subject to paragraph (3) and Regulation 5, the normal weekly pay of an employee—
( a ) whose pay, exclusive of any overtime, is wholly at a fixed rate, and
( b ) whose employment involves work each week and, subject to overtime and holidays, the same number of hours each week,
is an amount equal to her pay in respect of the basis week, less any amount attributable to overtime.
(2) For the purpose of paragraph (1), so much of any pay as is payable to the employee otherwise than specifically by reference to the basis week shall be apportioned to that week on a pro rata basis.
(3) If an employee to whom paragraph (1) applies was not in fact working for the employer during the basis week or worked less than the normal number of hours in the basis week, paragraph (1) and (2) shall have effect as if, for any reference to the basis week there were substituted a reference to that week—
( a ) during which the employee worked her normal number of hours for her employer; and
( b ) which ends on the same day (in the calendar week) as the basis week; and
( c ) which is the last such week before the beginning of the basis week.
(4) Subject to paragraph 5 and Regulation 5, the normal weekly pay of an employee to whom paragraph (1) does not apply is an amount equal to one twenty-sixth of her total pay in respect of the 26 weeks ending with the basis week; but, in calculating those 26 weeks and the employee’s pay in respect of them, there shall be left out of account—
( a ) any week during which the employee would normally have been but was not in fact, working for her employer; and
( b ) any pay attributable to overtime.
(5) If an employee whose normal weekly pay falls to be determined under paragraph (4) has worked for her employer for a smaller number of weeks than allows for the 26 weeks referred to in that paragraph, that paragraph shall have effect as if for any reference to 26 weeks there were substituted a reference to that smaller number of weeks, and the reference to one twenty-sixth shall be construed accordingly.
(6) In this Regulation “pay”, in relation to an employee, means pay to which she is entitled under her contract of employment, exclusive of any additional amount which, or so much of any amount as, is attributable to—
( a ) night work;
( b ) shift work;
( c ) working unsocial hours; or
( d ) the employee having to be available on stand by or otherwise on call.
5. If it appears to a rights commissioner or the Tribunal that the circumstances of a particular employee are such that her normal weekly pay cannot be calculated in accordance with Regulation 4, her normal weekly pay shall be calculated in such a manner as, in the opinion of the rights commissioner or Tribunal, most closely corresponds with one or other of the bases set out in Regulation 4.
GIVEN under my Official Seal, this 30th day of January 1995.
MERVYN TAYLOR,
Minister for Equality and Law
Reform.
EXPLANATORY NOTE.
These Regulations determine the manner of calculation of the amount of remuneration which an employee is entitled to receive from the employer for the first 21 days of leave granted by the employer to protect her safety and health, whether as a result of a risk assessment or because the employee cannot be required to perform nightwork.
S.I. No. 134/1999 –
Maternity Protection (Maximum Compensation) Regulations, 1999
I, JOHN O’DONOGHUE, T.D., Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by sections 30 (5) and 32 (3) of the Maternity Protection Act, 1994 (No. 34 of 1994), hereby make the following Regulations:
1. These Regulations may be cited as the Maternity Protection (Maximum Compensation) Regulations, 1999, and shall come into operation on the 18th day of May, 1999.
2. (1) In these Regulations—
“the Act” means the Maternity Protection Act, 1994 (No. 34 of 1994);
“relevant date” means the date on which a notice referring a dispute to a rights commissioner is given under section 31(1) of the Act;
“dispute” means a dispute to which Part V of the Act applies;
“relevant employment”, in relation to an employee, means the employment in respect of which the 20 weeks’ remuneration referred to in section 32(3) of the Act falls to be calculated;
“week”, in relation to an employee whose remuneration is calculated by reference to a week ending on a day other than a Saturday, means a week ending on that other day and, in relation to any other employee, means a week ending on a Saturday, and “weekly” shall be construed accordingly.
(2) In these Regulations—
(a) a reference to a Regulation is a reference to a Regulation of these Regulations so numbered, and
(b) a reference to a paragraph is a reference to the paragraph of the provision in which the reference occurs.
3. Where, by a decision of a rights commissioner or a determination of the Employment Appeals Tribunal in relation to a dispute, redress proposed for the employee concerned is or includes an award of compensation under subsection (2)(b) of section 32 of the Act, the 20 weeks’ remuneration referred to in subsection (3) of that section shall be calculated in accordance with these Regulations.
4. (1) In the case of an employee who, before the relevant date, was remunerated in respect of the relevant employment wholly at an hourly rate, fixed wage or salary (with or without a regular bonus or allowance which does not vary by reference to the amount of work done), a week’s remuneration for the purposes of section 32(3) of the Act shall be—
(a) the earnings in respect of that employment in the latest week before the relevant date in which the employee worked the number of hours per week that on that date was normal for that employment, plus
(b) if the employee was normally required to work overtime in the relevant employment, the average weekly overtime earnings in the relevant employment, as determined in accordance with paragraph (2).
(2) For the purposes of paragraph (1)(b), the average weekly overtime earnings of an employee in the relevant employment shall be—
(a) in case the employee was employed for the whole of the period of 26 weeks ending 13 weeks before the relevant date, her overtime earnings during that period divided by 26, or
(b) in any other case, her overtime earnings during the number of complete weeks worked before the relevant date divided by that number.
(3) If, in respect of the employment referred to in paragraph (1)(a), the employee’s earnings would, apart from this paragraph, include a regular bonus or similar payment which, in whole or in part, does not relate to work done in that week, only so much (if any) of the payment which relates to that week shall be taken into account in determining the employee’s earnings.
5. (1) This Regulation applies to an employee whose remuneration in respect of the relevant employment before the relevant date—
(a) was wholly or partly at piece rates,
(b) included commission directly related to the work done,
(c) otherwise varied in relation to the amount of work done by the employee, or
(d) varied on account of payments appropriate to attendance on a shift cycle, on particular days of the week or at particular times of the day.
(2) In relation to an employee to whom this Regulation applies, a week’s remuneration for the purposes of section 32(3) of the Act shall be—
(a) in case the employee was employed in the relevant employment for the whole of the period of 26 weeks ending 13 weeks before the relevant date, her earnings for the number of hours worked during that period divided by that number, or
(b) in any other case, her earnings during the number of complete weeks worked before the relevant date divided by the number of hours worked during those weeks,
and multiplied in either case by the number of hours per week that on the relevant date was normal for that employment.
(3) The earnings referred to in paragraph (2)(a) shall be adjusted in respect of any variation in rates of pay which took effect during the period of 13 weeks before the relevant date.
(4) Where in any week within the period of 26 weeks, or complete weeks, referred to in paragraph (2) the employee’s earnings would, apart from this paragraph, include a regular bonus or similar payment which, in whole or in part, does not relate to work done in that week, only so much (if any) of the payment which does relate to that week shall be taken into account for the purposes of paragraph (2) in determining those earnings.
(5) For the purposes of paragraph (2), any week worked in another employment shall be taken into account if it would not have operated, for the purposes of the First Schedule to the Minimum Notice and Terms of Employment Act, 1973 (No. 4 of 1973), to break the continuity of service of the employee concerned in the relevant employment.
6. In determining an employee’s earnings for any period for the purposes of these Regulations, no account shall be taken of any sums paid by way of recoupment of expenses incurred by the employee in the discharge of the duties of her employment.
7. For the purposes of Regulations 4(2)(a) and 5(2)(a), any week during which an employee did not work shall be disregarded and the latest week before the period of 26 weeks mentioned in those provisions, as the case may be, or before a week taken into account under this Regulation, as may be appropriate, shall be taken into account instead of a week during which the employee did not work as aforesaid.
8. Where, in respect of the relevant employment, there is no number of hours for which employees work in each week which is normal for that employment, the weekly remuneration of each such employee shall be taken, for the purposes of these Regulations, to be the average amount of the remuneration paid to each such employee in the 52 weeks, or such lesser number of weeks as may be appropriate, in each of which the employee was working in the employment immediately before the relevant date.
9. Where under these Regulations account is to be taken of remuneration paid in a period which does not coincide with the periods for which the remuneration is calculated, the remuneration shall be apportioned in such manner as may be just.
10. (1) Where, under a contract of employment, an employee is required to work for more hours per week than the number of hours that is normal for the employment, the hours for which the employee is so required to work shall be taken, for the purposes of Regulations 4 and 5(2), to be, in the case of that employee, the number of hours per week that is normal for the employment.
(2) Where, under a contract of employment, an employee is entitled to additional remuneration for working more than a specified number of hours per week—
(a) in a case where the employee is required under the said contract to work for more than the said specified number of hours per week, the number of hours per week for which the employee is so required to work shall, for the purposes of Regulations 4 and 5(2), be taken to be, in the case of that employee, the number of hours of work per week that is normal for the employment, or
(b) in any other case, the specified number of hours shall be taken, for the purposes of those provisions, to be, in the case of that employee, the number of hours of work per week that is normal for the employment.
/images/seal.jpg
GIVEN under my Official Seal, this 17th day of May, 1999.
JOHN O’DONOGHUE,
Minister for Justice, Equality and Law Reform.
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations prescribe the method for calculating maximum compensation for the purposes of redress under Part V of the Maternity Protection Act, 1994 .
S.I. No. 653/2004 –
Maternity Protection (Time Off For Ante-Natal Classes) Regulations 2004
STATUTORY INSTRUMENTS.
S.I. No. 653 of 2004 .
MATERNITY PROTECTION (TIME OFF FOR ANTE-NATAL CLASSES) REGULATIONS 2004.
S.I. No. 653 of 2004 .
MATERNITY PROTECTION (TIME OFF FOR ANTE-NATAL CLASSES) REGULATIONS 2004.
I, MICHAEL McDOWELL T.D., Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 15A (inserted by section 8 of the Maternity Protection (Amendment) Act 2004 (No. 28 of 2004)) of the Maternity Protection Act 1994 (No. 34 of 1994) and the Equality and Law Reform (Transfer of Departmental Administration and Ministerial Functions) Order ( S.I. No. 297 of 1997 ) (as adapted by the Justice (Alteration of Name of Department and Title of Minister) Order 1997 ( S.I. No. 298 of 1997 )), hereby make the following regulations:
1. (1) These Regulations may be cited as the Maternity Protection (Time off for Ante-Natal Classes) Regulations 2004.
(2) These Regulations shall come into operation on 18 October 2004.
2. In these Regulations “Principal Act” means Maternity Protection Act 1994 (No. 34 of 1994).
3. (1) Subject to Regulation 4 of these Regulations, a pregnant employee to whom section 15A(1) of the Principal Act applies shall be entitled to such time off from her work, without loss of pay, as is necessary for the purpose of attending one set of ante-natal classes (other than the last 3 classes in such a set).
(2) Subject to Regulation 4 of these Regulations, an expectant father of a child to whom section 15A(2) of the Principal Act applies shall be entitled once only to such time off from his work, without loss of pay, as is necessary for the purpose of attending the last 2 ante-natal classes in a set of such classes attended by the expectant mother of their child before the birth of the child.
4. (1) Entitlement to time off from work shall be subject to a pregnant employee to whom section 15A(1) of the Principal Act applies, or an expectant father of a child to whom section 15A(2) of the Principal Act applies, having—
(a) notified her or his employer in writing of the dates and times of the classes, or the date and time of each class, to which the time off will relate as soon as practicable and in any event not later than 2 weeks before the date of the first class, or the class concerned, as the case may be, and
(b) produced for her or his employer’s inspection, if so requested by the employer, an appropriate document indicating the dates and times of the classes or the date and time of the class concerned.
(2) Where the circumstances are such that, in the case of a particular class, non-compliance by the pregnant employee or the expectant father with paragraph (1) of this Regulation is not due to her or his neglect or default in relation to attendance at the class, she or he shall be deemed to have complied with the requirements of that paragraph if, not later than 1 week after the date of the class concerned, she or he furnishes her or his employer with evidence of her or him having attended the class and an indication of the circumstances which occasioned the non-compliance.
5. Subject to Regulation 4 of these Regulations, if a pregnant employee to whom section 15A(1) of the Principal Act applies is unable to attend one full set of ante-natal classes (other than the last 3 classes in such a set) during a pregnancy due to circumstances beyond her control, including miscarriage, the premature birth of the baby concerned or the illness of the employee, she shall be entitled during one or more subsequent pregnancies to such time off from her work, without loss of pay, as is necessary for her to attend the classes (other than the last 3 classes) in such a set not attended by her.
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GIVEN under my Official Seal, 7th October, 2004.
MICHAEL McDOWELL,
Minister for Justice, Equality and Law Reform.
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations set out the details of the general entitlement of employees to time off work without loss of pay for the purposes of attending ante-natal classes under section 8 of the Maternity Protection (Amendment) Act 2004 .
S.I. No. 655/2004 –
Maternity Protection (Postponement of Leave) Regulations, 2004
STATUTORY INSTRUMENTS.
S.I. No. 655 of 2004 .
MATERNITY PROTECTION (POSTPONEMENT OF LEAVE) REGULATIONS, 2004.
S.I. No. 655 of 2004 .
MATERNITY PROTECTION (POSTPONEMENT OF LEAVE) REGULATIONS, 2004.
I, MICHAEL McDOWELL, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by sections 14B and 16B (inserted by sections 7 and 12 respectively of the Maternity Protection (Amendment) Act 2004 (No. 28 of 2004)) of the Maternity Protection Act 1994 (No. 34 of 1994) and the Equality and Law Reform (Transfer of Departmental Administration and Ministerial Functions) Order (No. 297 of 1997) (as adapted by the Justice (Alteration of Name of Department and Title of Minister) Order 1997 ( S.I. No. 298 of 1997 )), hereby make the following regulations:
1. (1) These Regulations may be cited as the Maternity Protection (Postponement of Leave) Regulations 2004.
(2) These Regulations shall come into operation on 18 October 2004.
2. In these Regulations “Principal Act” means Maternity Protection Act 1994 (No. 34 of 1994).
3. The maximum period of postponement of leave under section 14B or 16B of the Principal Act is 6 months.
4. The evidence to be furnished by an employee or an employed father to her or his employer, if so requested by the employer, for the purposes of section 14B or 16B, as the case may be, of the Principal Act shall be—
(a) a letter or other appropriate document from the hospital in which the child concerned is hospitalised confirming the hospitalisation, and
(b) a letter or other appropriate document from the hospital concerned or the child’s medical practitioner confirming that the child has been discharged from hospital and the date of that discharge.
/images/seal.jpg
GIVEN under my Official Seal, 7th October, 2004.
MICHAEL McDOWELL,
Minister for Justice, Equality and Law Reform.
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations set out the details of the postponement of maternity leave and/or additional maternity leave in the event of hospitalisation of the child under sections 7 and 12 of the Maternity Protection (Amendment) Act 2004 .
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S.I. No. 51/2006 –
Maternity Protection Act 1994 (Extension of Periods of Leave) Order 2006
S.I. No. 51 of 2006
Maternity Protection Act 1994 (Extension of Periods of Leave) Order 2006
WHEREAS it is enacted by subsection (2) of section 8 (as amended by section 2 of the Maternity Protection (Amendment) Act 2004 (No. 28 of 2004)) of the Maternity Protection Act 1994 (No. 34 of 1994) and subsection (8) of section 16 (as amended by section 10 of the Maternity Protection (Amendment) Act 2004 ) of the Maternity Protection Act 1994 that the Minister for Justice, Equality and Law Reform may by order, made with the consent of the Minister for Social and Family Affairs and the consent of the Minister for Finance, amend subsection (1) of the said section 8 (as so amended) and subsections (1) and (4) of the said section 16 (as so amended) so as to extend the periods mentioned in those subsections:
AND WHEREAS it is further enacted by subsection (6) of section 14 (as amended by section 5 of the Maternity Protection (Amendment) Act 2004 ) of the Maternity Protection Act 1994 that the Minister for Justice, Equality and Law Reform may by order amend subsection (1) of the said section 14 (as so amended) so as to extend the period mentioned in that subsection:
AND WHEREAS it is further enacted by section 3(4) of the Maternity Protection Act 1994 that where an order is proposed to be made under that Act (other than an order under section 1 thereof), a draft of the order shall be laid before both Houses of the Oireachtas, and the order shall not be made until a resolution approving the draft has been passed by each such House:
AND WHEREAS a draft of the following Order has been laid before both Houses of the Oireachtas and a resolution approving the draft has been passed by each such House:
NOW I, Michael McDowell, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by sections 8(2), 14(6) and 16(8) of the Maternity Protection Act 1994 (No. 34 of 1994) (as amended by the Maternity Protection (Amendment) Act 2004 (No. 28 of 2004)) and with the consent of the Minister for Social and Family Affairs and the consent of the Minister for Finance insofar as the said sections 8(2) and 16(8) are concerned, order as follows:
1. This Order may be cited as the Maternity Protection Act 1994 (Extension of Periods of Leave) Order 2006.
2. (1) Subject to paragraphs (2) and (3) of this Article, this Order (other than Articles 8 to 11 thereof) comes into operation on 1 February 2006.
(2) (a) Articles 4 and 5 of this Order apply in respect of a pregnant employee who commences maternity leave at any time not less than 4 weeks after the date specified in paragraph (1) of this Article.
(b) Article 6 of this Order applies in respect of an employee who commences additional maternity leave at any time not less than 4 weeks after the date specified in paragraph (1) of this Article.
(c) Article 7(a) of this Order applies in respect of a man who commences leave from his employment under section 16(1) (as amended by section 10(a) of the Act of 2004) of the Act of 1994 at any time after the date specified in paragraph (1) of this Article.
(d) (i) Subject to clause (ii) of this subparagraph, Article 7(b) of this Order applies in respect of a man who commences leave from his employment under section 16(4) (as amended by section 10(b) of the Act of 2004) of the Act of 1994 at any time not less than 4 weeks after the date specified in paragraph (1) of this Article.
(ii) Article 7(b) of this Order applies in respect of a man who commences leave from his employment under subsection (1)(a) of section 16 (as amended by section 10 of the Act of 2004) of the Act of 1994 at any time after the date specified in paragraph (1) of this Article and who gives notification under subsection (5) of the said section 16 (as so amended) at the same time as he gives notification under subsection (2)(a) thereof.
(3) (a) Articles 4 to 7 of this Order do not apply in respect of an employee who –
(i) at any time prior to the relevant date, postpones the leave concerned in accordance with section 14B (inserted by section 7 of the Act of 2004) or 16B (inserted by section 12 of the Act of 2004), as the case may be, of the Act of 1994, and
(ii) by reason only of that postponement, resumes or commences the leave concerned after the relevant date.
(b) In this paragraph “the relevant date” means –
(i) 1 February 2006, in respect of leave from a man’s employment under –
(I) subsection (1) of section 16 (as amended by section 10 of the Act of 2004) of the Act of 1994, or
(II) subsection (4) of the said section 16 (as so amended) where he gives notification under subsection (5) of that section at the same time as he gives notification under subsection (2)(a) thereof, and
(ii) 1 March 2006, in respect of maternity leave, additional maternity leave or leave under subsection (4) of the said section 16 (as so amended) other than in a case falling under subclause (II) of clause (i) of this subparagraph.
(4) Subject to paragraphs (5) and (6) of this Article, Articles 8 to 11 of this Order come into operation on 1 February 2007.
(5) (a) Articles 8 and 9 of this Order apply in respect of a pregnant employee who commences maternity leave at any time not less than 4 weeks after the commencement of those Articles.
(b) Article 10 of this Order applies in respect of an employee who commences additional maternity leave at any time not less than 4 weeks after the commencement of that Article.
(c) Paragraph (a) of Article 11 of this Order applies in respect of a man who commences leave from his employment under section 16(1) (as amended by section 10(a) of the Act of 2004) of the Act of 1994 at any time after the commencement of that Article.
(d) (i) Subject to clause (ii) of this subparagraph, paragraph (b) of Article 11 of this Order applies in respect of a man who commences leave from his employment under section 16(4) (as amended by section 10(b) of the Act of 2004) of the Act of 1994 at any time not less than 4 weeks after the commencement of that Article.
(ii) Paragraph (b) of Article 11 of this Order applies in respect of a man who commences leave from his employment under subsection (1)(a) of section 16 (as amended by section 10 of the Act of 2004) of the Act of 1994 at any time after the commencement of that Article and who gives notification under subsection (5) of the said section 16 (as so amended) at the same time as he gives notification under subsection (2)(a) thereof.
(6) (a) Articles 8 to 11 of this Order do not apply in respect of an employee who –
(i) at any time prior to the relevant date, postpones the leave concerned in accordance with section 14B (inserted by section 7 of the Act of 2004) or 16B (inserted by section 12 of the Act of 2004), as the case may be, of the Act of 1994, and
(ii) by reason only of that postponement, resumes or commences the leave concerned after the relevant date.
(b) In this paragraph “the relevant date” means –
(i) 1 February 2007, in respect of leave from a man’s employment under –
(I) subsection (1) of section 16 (as amended by section 10 of the Act of 2004) of the Act of 1994, or
(II) subsection (4) of the said section 16 (as so amended) where he gives notification under subsection (5) of that section at the same time as he gives notification under subsection (2)(a) thereof, and
(ii) 1 March 2007, in respect of maternity leave, additional maternity leave or leave under subsection (4) of the said-section 16 (as so amended) other than in a case falling under subclause (II) of clause (i) of this subparagraph.
3. In this Order –
“Act of 1994” means the Maternity Protection Act 1994 (No. 34 of 1994);
“Act of 2004” means the Maternity Protection (Amendment) Act 2004 (No. 28 of 2004).
4. Subsection (1) of section 8 (as amended by section 2 of the Act of 2004) of the Act of 1994 is amended –
(a) in paragraph (a), by substituting “22 consecutive weeks” for “18 consecutive weeks”, and
(b) in paragraph (b), by substituting “22 weeks” for “18 weeks”.
5. Subsection (2) of section 13 (as amended by section 4 of the Act of 2004) of the Act of 1994 is amended –
(a) in paragraph (a), by substituting “22 consecutive weeks” for “18 consecutive weeks”, and
(b) in paragraph (b), by substituting “22 weeks” for “18 weeks”.
6. Subsection (1) of section 14 (as amended by section 5 of the Act of 2004) of the Act of 1994 is amended –
(a) in paragraph (a), by substituting “12 consecutive weeks” for “8 consecutive weeks”, and
(b) in paragraph (b), by substituting “12 weeks” for “8 weeks”.
7. Section 16 (as amended by section 10 of the Act of 2004) of the Act of 1994 is amended –
(a) in subsection (1), by substituting “thirty-second week” for “twenty-fourth week” in each place where it occurs and substituting “twentieth week” for “sixteenth week” in each place where it occurs, and
(b) in subsection (4) –
(i) in paragraph (a), by substituting “12 consecutive weeks” for “8 consecutive weeks”, and
(ii) in paragraph (b), by substituting “12 weeks” for “8 weeks”.
8. Subsection (1) of section 8 (as amended by section 2 of the Act of 2004) of the Act of 1994 is amended –
(a) in paragraph (a), by substituting “26 consecutive weeks” for “22 consecutive weeks”, and
(b) in paragraph (b), by substituting “26 weeks” for “22 weeks”.
9. Subsection (2) of section 13 (as amended by section 4 of the Act of 2004) of the Act of 1994 is amended –
(a) in paragraph (a), by substituting “26 consecutive weeks” for “22 consecutive weeks”, and
(b) in paragraph (b), by substituting “26 weeks” for “22 weeks”.
10. Subsection (1) of section 14 (as amended by section 5 of the Act of 2004) of the Act of 1994 is amended –
(a) in paragraph (a), by substituting “16 consecutive weeks” for “12 consecutive weeks”, and
(b) in paragraph (b), by substituting “16 weeks” for “12 weeks”.
11. Section 16 (as amended by section 10 of the Act of 2004) of the Act of 1994 is amended –
(a) in subsection (1), by substituting “fortieth week” for “thirty-second week” in each place where it occurs and substituting “twenty-fourth week” for “twentieth week” in each place where it occurs, and
(b) in subsection (4) –
(i) in paragraph (a), by substituting “16 consecutive weeks” for “12 consecutive weeks”, and
(ii) in paragraph (b), by substituting “16 weeks” for “12 weeks”.
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GIVEN under my Official Seal,
1 February, 2006.
Michael McDowell
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Minister for Justice, Equality and Law Reform
The Minister for Social and Family Affairs consents to the foregoing Order (other than Articles 6 and 10 thereof).
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1 February, 2006.
Seamus Brennan
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Minister for Social and Family Affairs
The Minister for Finance consents to the foregoing Order (other than Articles 6 and 10 thereof).
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1 February, 2006.
Brian Cowen
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Minister for Finance
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation)
This Order extends the periods of maternity leave under the Maternity Protection Act 1994.