Maternity Entitlements

You have the right to up to 26 consecutive weeks maternity leave - a minimum of two weeks before the birth and a minimum of four weeks after the birth.  

You have the right to return to the same job or, if this is not possible, the right to suitable alternative work on no less favourable terms and conditions.

You have the right to up to 16 consecutive weeks' additional maternity leave without pay. Additional maternity leave must commence immediately after maternity leave has ended.

During maternity leave/additional maternity leave/health and safety leave you have the right not to be dismissed, made redundant or suspended.

If you are from an EU country, you can get Maternity Benefit for any period of your maternity leave spent in another EU country. 
 
If you are not an EU citizen, you will only get Maternity Benefit if you remain in the Republic of Ireland.  
 
You cannot receive Maternity Benefit when you are living outside the EU. 

While you are on maternity leave you are regarded as being in employment and therefore employment rights, such as annual leave, increments, and seniority, continue to build up as if you were not absent from work. 
 
While you are on health and safety leave you are regarded as being in employment and therefore employment rights such as annual leave, increments, and seniority, continue to build up as if you were not absent from work. 
  
While you are on additional maternity leave you will retain your annual leave entitlements.  This leave is not considered to be a break in service.

If you satisfy certain PRSI contribution conditions you will be paid maternity benefit directly from the Department of Social Protection.   

To claim Maternity Benefit, you must have the claim form for benefit completed correctly and returned to the above department at least six weeks before maternity leave starts. 

If you are an EU citizen, you can continue to receive Maternity Benefit for any period of your maternity leave spent in another EU country or for any period of up to six weeks spent in a country outside the EU. 

If you are not an EU citizen, you can be paid Maternity Benefit for any period of your maternity leave spent in the Republic of Ireland.  You can continue to receive Maternity Benefit for any period of up to six weeks of your maternity leave spent in a country outside of the Republic of Ireland (EU and Non-EU).  If you exceed this period Maternity Benefit will cease until such time as you return to the Republic of Ireland.   

From 1 September 2016, fathers/partners are entitled to statutory paternity leave of two weeks together with Paternity Benefit. Health service employees will receive their full normal pay (less any social welfare entitlements, where applicable), for the two weeks. 

You can continue to receive Paternity Benefit for any period of your paternity leave spent in a country outside of the Republic of Ireland (EU and Non-EU).  

Under the legislation, additional maternity leave is optional, and is, therefore, not counted as reckonable service. Therefore, no payment will be made during this period. However, it is not considered a break in service. 

You must give your employer written notification at least four weeks in advance that you expect to return to work following maternity/additional maternity leave. This notice must include your expected date of return. 

It is very important that you give the proper notice of intention to return to work. If the proper notice is not given, it could affect your right to return to work under the Act. 

With effect from 1 October 2017, if your baby is born prematurely, maternity leave will be extended by the length of time between the actual date of birth and the expected start date of your maternity leave (i.e. ordinarily two weeks before the expected date of birth).  Maternity Benefit for the premature birth period will be payable by the Department of Social Protection.  To make a claim for any additional period due to a premature birth, you will need to contact the Maternity Benefits Section of the Department of Social Protection before the end of your 26 weeks of maternity leave.  Nurses/midwives employed in the public health service will receive their full normal pay, less any social welfare entitlements, where applicable for this premature birth period. 

In the event that the baby is hospitalised, it is possible to postpone part of your maternity leave and/or additional maternity leave (or part of it) provided: 

• Your employer agrees, and  
• You have already taken at least 14 weeks maternity leave, four of which are after the end of the week of confinement.   

You can then return to work and take the remainder of your postponed leave (referred to as resumed leave) in one continuous period, to commence within seven days of the discharge of the baby from hospital.  

The maximum period leave can be postponed is six months. 

You must notify your employer in writing as soon as reasonably practicable of your intention to take resumed leave. You must provide this notice no later than the day on which the leave is to begin. Your employer may waive such notification. 

If you are absent from work because of illness during the period before you commence your resumed leave, the first day of this absence will be taken to commence your resumed leave, unless you notify your employer in writing that you do not wish to commence your resumed leave.  Your absence will then be treated as sick leave, but you will not be entitled to take the resumed leave. 

While on maternity leave and additional maternity leave you should be given the benefit of any public holiday or privilege day falling within your leave. 
 
While on health and safety leave you do not have entitlement to time off in lieu of public holidays falling within your leave.

Maternity leave  

• You must give written notification to your employer of your intention to take maternity leave as soon as is reasonably practicable, but not later than four weeks before commencement of the leave. 
• A medical certificate must be given to your employer confirming pregnancy and the estimated delivery date 
• If you wish to change the start date of you maternity leave you should provide a new written notification to your employer not later than four weeks before the new start date. 

Additional maternity leave 

• If you wish to take additional maternity leave you must give written notification to your employer at least four weeks before starting the leave. 
• You may change the date of the commencement of additional maternity leave by providing a new written notification to your employer not later than four weeks before the new start date. 

You have the right to time off from work without loss of pay to attend one set of ante-natal classes (other than the last three classes in such a set). Those classes may be attended during one or more pregnancies. 

Expectant fathers/partners also have a once-off entitlement to paid time off to attend the last two ante-natal classes immediately prior to the birth.  

At least two weeks' written notice of dates and times of classes must be given before the first class or where not all are known, two weeks before each class. 

You have the right to time off without loss of pay for ante-natal and post-natal medical care appointments. 

At least two weeks written notice must be given in advance of visits and proof must be produced if requested. 

Health and safety regulations require your employer to assess the workplace for risks to pregnant workers, workers who have recently given birth or who are breastfeeding.  Where it is established that you are at risk if you continue to do your current job, the risk cannot be eliminated through adjusting your work or your working hours, and no suitable alternative work can be found, then you must be granted health and safety leave.  

 
You are entitled to be paid by your employer for the first 21 days of this leave, which may arise in one continuous period or several shorter periods. 
 
If you satisfy certain PRSI contribution conditions you will be paid Health and Safety Benefit by the Department of Social Protection.