Maternity and Work

Maternity Leave

Female employees are entitled to a paid maternity leave of 26 consecutive weeks plus 16 weeks of unpaid maternity leave after confinement. Maternity leave may, in general, commence or end on any day selected by the female employee, but two weeks before and four weeks after the end of the expected week of confinement are compulsory. The maximum prenatal leave is 16 weeks. If the child is born later than expected, postnatal leave may be extended by the necessary number of consecutive weeks, up to a maximum of four weeks. To avail the maternity leave, the worker has to inform the employer in writing of her intention to take leave, and produce a medical certificate or "other appropriate certificate" confirming the pregnancy and indicating the expected week of confinement. If a worker has a stillbirth or miscarriage any time after the 24th week of pregnancy, she is entitled to full maternity leave (paid 26 weeks + unpaid 16 weeks).

The maternity leave postponement provisions were also updated in 2024. A relevant employee who has a serious health condition may postpone all or part of maternity leave in accordance with new section 14C of the Maternity Protection Act 1994.

From 3 July 2023, the Maternity Protection Acts were amended so that the statutory protections are no longer limited to female employees. The legislation now extends maternity protection to a transgender man who has obtained a gender recognition certificate and has given birth. This follows the removal of the former “female employee only” restriction and the shift to gender-neutral wording (“woman or other person”) in the Maternity Protection Act.

Source: §8 - 16, 34 of the Maternity Protection Act 1994, last amended in 2024

Income

All women who are entitled to maternity leave, including women who are in self-employment, are eligible for 80 per cent of the average amount of weekly earnings, or a fixed weekly amount, or the amount of disability benefits which the woman would otherwise receive if she were entitled to the said benefit, whichever is the greater. The “80% of earnings” rule only applied to claims before January 2014 and is no longer the general rule. Now, maternity benefit is paid as a flat-rate amount. The right to cash benefits is subject to a medical certificate stating the expected week of birth and an employer’s certificate stating that the female employee is entitled to maternity leave. Furthermore, the employee or self-employed must have paid social insurance contributions of a specified amount.

Benefit is paid as a flat weekly amount. For workers with dependants, the weekly payment is the higher of the standard flat rate or the underlying sickness benefit, including any dependants’ increase.

Income during leave normally comes from Maternity Benefit (social welfare) if PRSI conditions are met. Rates may be adjusted on an ad hoc basis, typically in the annual budget. The benefit is normally payable for up to 26 weeks, with a possible extension in cases of premature birth.

Source: § 4 of the Social Welfare Act 2017, Social Welfare Consolidation Act §6(1), 47-49 of the Social Welfare Consolidation Act; https://www.gov.ie/en/department-of-social-protection/press-releases/minister-humphreys-announces-record-social-protection-budget-package-of-over-26-billion/

Pregnancy Testing / Inquiry in Recruitment

There is no separate statutory rule that simply says an employer must never ask a pregnancy-related question at recruitment. However, the refusal to hire, less favourable treatment or other disadvantages connected with pregnancy is likely to amount to unlawful discrimination under the Employment Equality Act 1998 since it prohibits employers from discriminating on the grounds of gender.

Source: §6(2)(a), 8(1) of the Employment Equality Act 1998

Free Medical Care

In Ireland any person, regardless of nationality, who is accepted by the Health Service Executive (HSE) as being ordinarily resident in Ireland is entitled to healthcare services that includes a maternity cash grant for each new-born child and maternity care and infant welfare services, including the services of a family doctor during pregnancy and family doctor services for mother and infant up to six weeks after the birth.

Source: ISSA country profile for Ireland