Maternity Leave in Ireland: What Employers Need to Know

Ensuring a supportive workplace for pregnant employees starts with understanding Ireland's maternity leave entitlements and protections.

Maternity leave in Ireland allows pregnant employees to take paid time off work before and after childbirth, supporting them during the prenatal and postnatal periods.

Read on for a detailed understanding of maternity leave in Ireland.

Further Reading

• Do you have an employee planning to go on maternity leave? Ensure they’re informed about Maternity Benefit in Ireland, a social welfare payment available to both employed and self-employed pregnant women.

• Access essential information about Maternity Benefit in our Irish Maternity Benefit Guide to effectively support the expectant mothers on your team.

• Find out the Maternity Benefit Section Contact Number so your employees can enquire about their Maternity Benefit claim or application form in Ireland.

Who Can Apply for a Maternity Leave in Ireland?

Under Ireland’s Maternity Protection Act 1994 and Maternity Protection (Amendment) Act 2004, all pregnant employees are entitled to maternity leave, regardless of their:

• Length of service

• Weekly working hours

• Employment type (e.g., full-time, part-time, casual, or self-employed)

How Much Maternity Leave Are Your Employees Entitled to Get in Ireland?

Expectant mothers in your team can get up to 42 weeks of maternity leave, which is split into:

• Ordinary Maternity Leave: Paid leave for the first 26 consecutive weeks.

• Additional Maternity Leave: An additional 16 consecutive weeks of unpaid maternity leave, starting immediately after their Ordinary Maternity Leave ends.

Employees must take at least two weeks of maternity leave before their baby's expected date of birth and a minimum of four weeks of leave after their baby is born.

Special provisions apply if an employee’s child is born earlier or later than the expected due date. 

• Early Birth: If a baby is born more than four weeks before the employee’s expected due date (premature birth) and maternity leave hasn’t yet started, the 26-week leave can commence from the child’s birth date.

• Late Birth: If the baby is late, and the employee has less than four weeks of maternity leave left, they can request an additional unpaid leave to get at least four weeks of maternity leave post childbirth.

Are Employers Required to Pay Employees While They’re on Maternity Leave?

No, you’re not legally obliged to pay your employees while they’re on maternity leave (ordinary or additional) unless it's outlined in their employment contract.  

But look:

Even if you don’t provide maternity pay, pregnant employees may qualify for Maternity Benefit — a social welfare payment from the Department of Social Protection (DSP).

To qualify for Maternity Benefit, your employees must be covered by Pay Related Social Insurance (PRSI) and fulfil certain eligibility requirements, which will determine their leave entitlements.

Learn more about Maternity Benefit Qualification Criteria and its Payment Rates. 

When Should Employees Notify Their Employer That They’re Going on a Maternity Leave?

Before your employees start their maternity leave, here are a few details they must provide:

• Employees must give you a written notice at least four weeks before starting their leave and provide medical certificates stating their baby's expected due date. 

• If employees plan on taking additional maternity leave, they must give you at least four weeks' notice before their expected return date from ordinary leave. They can also apply for an additional maternity leave at the same time as they apply for an ordinary leave. 

• If your employees want to cancel their maternity leave request, they must send a written notice to you stating that they want to withdraw their application as soon as they change their mind.

What Employment Protection Rights Must Employers Provide to Employees on Maternity Leave?

As an employer, you are required to provide certain employment rights to employees on maternity leave, including:

• Job protection: Ensure the employee's position remains secure while they’re on maternity leave or attending medical appointments and classes.

• Preserved employee benefits: During maternity leave, your employees still get to keep all their job benefits like annual leave, public holiday pay, and regular salary raises.

• Paid time off from work: Employees can take paid time off work for medical appointments before and after childbirth, one set of ante-natal classes, and breastfeeding breaks.

• Guaranteed return to work: After an employee’s maternity leave ends, they can return to their old job. If, for some reason, the employee can't return to the same job, you should offer them suitable alternative work that's just as good in terms of pay and work conditions.

• Protection against unfair dismissal: Your employees are protected from unfair treatment at work, such as being fired, laid off, or suspended unfairly because of their pregnancy. This protection starts from the beginning of their maternity leave until their leave ends.

How Can Employers Support Employees Returning to Work from Maternity Leave?

1. Flexible Work Options: To help employees balance their new responsibilities, offer flexible hours, remote work, or part-time arrangements.

1. Reintegration Support: Provide a clear plan for returning to work, including updates on changes during their leave and training if needed.

1. Childcare Assistance: Share information about local childcare services or offer subsidies to ease the transition for working parents.

1. Lactation Facilities: Ensure access to a private, comfortable space for breastfeeding or pumping, along with sufficient break time.

1. Open Communication: Encourage open dialogue to address concerns, provide feedback, and make necessary accommodations.

4 FAQs on Maternity Leave in Ireland

Need more information on maternity leave in Ireland? 

Let’s answer some common questions.

1. Is it Possible for Employees to Postpone Their Maternity Leave in Ireland?

Your employees can postpone their maternity leave in Ireland under certain conditions, such as:

• If their child has been hospitalised for serious medical reasons that require hospital care and not just for minor illnesses. 

• If they have taken at least 14 weeks of maternity leave before and at least four weeks of leave after childbirth. 

• If your employees meet these conditions, they can return to work and postpone the rest of their maternity leave for up to six months.

For postponement of maternity leave, your employees must inform you in writing immediately. However, as their employer, you do have the right to deny their request. 

2. What Other Leaves Are Available for New or Expecting Parents on Your Team in Ireland?

Besides maternity leave, new or expectant parents in Ireland (if eligible) can claim the following leave:

• Parental Leave: Employees can take up to 26 weeks of unpaid leave to look after their children if they're under 12.

• Paternity Leave: Male parents (i.e., the father, mother's partner, or the adoptive parent in adoption cases), can take two weeks of paternity leave. Your male employees can use this leave within the first six months after their child's birth or adoption.

• Parent's Leave: Employees can get seven weeks of leave to spend time with their children during the first two years after birth or after they adopt them.

• Adoptive Leave: If an employee adopts a child as a couple or a single parent, they can take up to 24 weeks of adoptive leave.

• Leave for Medical Care: Employees who are parents or carers can take five days of unpaid leave to provide full-time care to someone with serious health issues.

3. How Does Ireland’s Maternity Leave Compare Against Other EU Countries?

New and expectant mothers in Ireland can get up to 26 weeks of ordinary maternity leave and an extra 16 weeks of additional unpaid maternity leave. 

While the duration of maternity leave is moderate, the pay rate of €289 per week for the initial 26 weeks is relatively lower compared to other EU countries.

For example, Bulgaria offers the longest paid maternity leave in the EU, lasting 58.6 weeks, with the mother receiving 90% of their salary. This is followed by Norway offering 49 weeks of maternity leave with a payment equivalent to 80% to 100% of the mother's salary.

4. What Childcare Options Are Available in Ireland When Your Employees Return From Maternity Leave?

In Ireland, your employees have access to various childcare options before they return to work. These include:

• Childminders: Childminders are self-employed individuals who take care of children in their own homes.

• Nurseries and Crèches: These are larger centres with trained professionals designed to cater to infants and toddlers.

• Play Schools and Montessori Schools: These institutions focus on fun learning and play, helping children prepare for primary school.

• Day Care Centres: These centres offer a blend of services provided by nurseries, crèches, playschools, and Montessori schools, catering to a broader age group of children.

• Nannies and Au Pairs: Nannies are professional caregivers with specific childcare qualifications and first aid training. Whereas, Au pairs provide childcare and housekeeping in exchange for a room and allowance.

Offer Maternity Coverage and Health Benefits to Your Employees with Kota

Maternity leave allows mothers to recover physically and bond with their newborns without the stress of work obligations.

As an employer, you can further support the well-being of your pregnant employees by offering comprehensive insurance and healthcare packages. 

Meet Kota. 

Kota lets your employees pick health plans that provide maternity coverage and supplement them with extra maternity benefits add-ons.

It also lets you:

• Effortlessly manage and scale your employee benefits.

• Analyse and compare your benefits package against market standards.

• Integrate Kota with your existing HR & payroll tools to cut down on administrative overheads.

Join Kota and easily manage your employees' health and maternity coverage with our digital app.