Employee Handbook Update: The Maternity Protection, Employment Equality and Preservation of Certain Records Act 2024

Postponement of Maternity Leave for serious illness

This legislation which was enacted on 20^th November 2024 amends the Maternity Protection Act 1994 by the inclusion of an additional entitlement for an Employee who requires ongoing treatment for a serious health condition (including physical and mental health conditions), to postpone maternity leave for a period of between 5 and 52 weeks.

You may want to include the below paragraph in your existing policy.

Postponement of Maternity Leave Due to Serious Health Conditions

In cases of serious health conditions, employees may postpone the start or continuation of their maternity leave. To do so, the employee must:

• Provide written notification to their manager at least 2 weeks prior to the proposed postponement date.
• Include the start and end dates of the postponement, ensuring the period does not exceed 52 weeks from the start of the postponement.
• Attach a medical certificate from a qualified practitioner specifying the relevant dates.

The end date of the postponement must be at least 5 weeks after the start date specified and must not exceed 52 weeks duration.

If you would like to know more or have any questions, contact our team of Employment Law and Human Resource experts.  Reach out to us at (01) 561 3594 or info@adarehrm.ie for support tailored to your needs.