Updates to Ireland’s maternity protection – postponement of leave for serious health issues

Georgina Barry Noah Hauk
Georgina Barry, Noah Hauk
  • 1m read
  • January 10, 2025

What is new?

New legislation in Ireland which came into force on 20 November 2024 allows employees to postpone all or part of their maternity leave while they are treated for a serious health condition which requires medical attention.

Key impacts

  • An employee can postpone their maternity leave for serious illness for up to 52 weeks while receiving treatment.
  • Serious illness includes both physical and mental health problems that pose a serious risk to life or health, necessitating ongoing medical intervention.
  • To postpone an employee must notify their employer in writing 2 weeks before the postponement period is due to commence. This notice must include the start and end date of the postponement alongside a medical certificate signed by a registered medical professional.
  • A further postponement notice can be submitted, subject to certain requirements being satisfied.
  • Employees are entitled to take all maternity leave that they have not taken – which commences on the day after the postponement period ends.

What does that mean for employers and what should they do now?

Employers must ensure that their maternity leave policies and processes are updated to comply with the new right to postpone law. Please get in touch with a member of the MDR ONE team if you require any support.

 

Georgina Barry Georgina Barry Noah Hauk Noah Hauk
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