Are you expecting or planning a family? There are lots of exciting times ahead, but working out maternity leave can feel daunting — so we’ve put together a quick guide to maternity leave in Ireland to answer your questions. Let’s get the paperwork sorted so you can get on with the fun stuff!
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There’s a lot to think about — how and when to apply, how to tell your employer, how much Maternity Benefit you’ll get, and how long you can take off work. Read on for answers to all your questions about maternity leave in Ireland.
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Maternity Leave in Ireland
What Is Maternity Leave?
Maternity leave is a period of absence from work given to an expectant mother before and after she gives birth. In Ireland, eligible women are entitled to 42 weeks off work around the birth, with the first 26 weeks paid.
You must start your maternity leave at least two weeks before your expected due date, and take at least four weeks off after delivery. Maternity leave can start any time from when you are 24 weeks pregnant.
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What Is Maternity Benefit?
Maternity Benefit is a payment made to women on maternity leave from work in Ireland, funded through your PRSI contributions.
Statutory maternity leave in Ireland runs to 42 weeks, with the first 26 weeks paid. The final 16 weeks don’t have to be paid, but they’re still legislated for and protect your job security and entitlements.
Who Is Entitled To Maternity Benefit?
Maternity Benefit is paid to women who have made enough PRSI contributions on their social insurance record. You must be in insurable employment right up to the day your maternity leave begins.
Your final day of work before maternity leave starts can be anytime from 16 weeks before your baby is due — in other words, from 24 weeks’ pregnant onwards.
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How Much Is Maternity Benefit?
The Department of Social Protection sets the weekly rate of Maternity Benefit, and this rate is reviewed as part of the annual Budget process — so it’s worth checking the current figure on gov.ie before you apply, rather than relying on a rate you’ve seen quoted elsewhere.
Some employers choose to top up Maternity Benefit for their employees. Where this applies, the rate and terms will be set out in your individual employment contract.
Where & When Can I Apply For Maternity Benefit?
To apply for Maternity Benefit, you fill in an application form at least six weeks before you intend to go on maternity leave (or 12 weeks before, if you’re self-employed).
You can complete this online through MyWelfare, or the paper form can be ordered from the Department of Social Protection’s Maternity Benefit Section or picked up at your nearest Citizens Information Centre.
How Do I Collect My Maternity Benefit Payment?
You have two options for collecting your Maternity Benefit. It can be paid directly into your own bank account, or — where your employer is topping up your benefit — it can be paid directly into your employer’s bank account instead.
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What Happens If My Baby Is Stillborn or I Miscarry?
In Ireland, if you have a stillbirth or miscarry from the start of the 25th week of pregnancy, you’re entitled to the full 26 weeks’ paid maternity leave, once you meet the PRSI requirements. Applications for Maternity Benefit following a stillbirth need a letter from your doctor confirming the number of weeks pregnant, the expected due date, and the date of birth.
Maternity Leave and Your Employer
How and When Should I Tell My Boss?
Under Section 9 of the Maternity Protection Act 1994, an employee must inform her employer in writing of her intention to take maternity leave, along with a doctor’s certificate confirming the expected due date.
There’s no set point at which you have to tell your employer you’re pregnant — many women choose the second trimester (weeks 13 to 20) — but you must give at least four weeks’ written notice before taking maternity leave, before taking any additional maternity leave, and before your return to work.
Maternity Benefit forms must be completed with input from your employer and submitted no later than six weeks before you intend to go on maternity leave.
Will My Job Be Protected?
The Maternity Protection Acts of 1994 and 2004 protect every woman’s statutory and contractual rights. While you’re on maternity leave, you remain in the employment of your employer. The Act protects you against termination of employment during maternity leave and prohibits dismissal on the grounds of pregnancy.
You’re also legally entitled to reasonable paid time off for medical visits connected to your pregnancy. In short, you cannot be discriminated against for being pregnant or for being on maternity leave.
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What Will Happen When I Return To Work?
Under Section 26 of the Maternity Protection Act 1994, you’re entitled to return to work after maternity leave to the exact same job, on the same contract of employment.
Under Section 27 of the Act, if it isn’t possible for your employer to bring you back to your original position, they must offer you a suitable alternative role — one that’s no less favourable than the job you had before maternity leave.
While you’re on maternity leave, you’re also entitled to be treated as if you’d been in the workplace throughout. So if pay or working conditions improved while you were away, you’re entitled to those improvements on your return too.
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Am I Entitled To Public and Annual Holidays?
Ireland now has ten public holidays each year. On a public holiday, an employee is entitled to a paid day off on the holiday itself, or a paid day off within that month, or an extra day’s annual leave, or an extra day’s pay. You’re also entitled to take annual holidays while on maternity leave, so you can factor these in when working out your return date.
You continue to accrue annual leave as normal while on maternity leave.
What If I Am Breastfeeding When I Return To Work?
You’ll need to notify your employer in writing of your intention to breastfeed at work at least four weeks before your return date.
Under the Maternity Protection Act 2004, employees who are breastfeeding are entitled to take time off work to breastfeed, without loss of pay, for up to 26 weeks after birth. This applies to all women in employment who have given birth within the last six months.
You can breastfeed or express milk in the workplace where facilities are provided, though employers aren’t obliged to provide a dedicated room. Alternatively, breastfeeding employees can have their working hours reduced without loss of pay to facilitate breastfeeding where suitable facilities aren’t available.
Breastfeeding employees are entitled to one paid hour off each day for this purpose — as one 60-minute break, two 30-minute breaks, or three 20-minute breaks. Your employer may agree to additional time on top of this.
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Paternity Leave in Ireland
And while we’re at it, what about the dads? Since September 2016, dads in Ireland have been entitled to two weeks of paid paternity leave.
Paternity Benefit is available to both employed and self-employed dads who take time off after their partner has had a baby, or after adopting a child. It’s funded through PRSI and can be taken at any point within the first six months following the birth or adoption.
Dads wishing to take paternity leave should apply four weeks before they intend to start it (12 weeks in advance if self-employed).
As with Maternity Benefit, the weekly rate of Paternity Benefit is set by the Department of Social Protection and reviewed periodically — check gov.ie for the current figure, since it may be reduced if you’re already receiving certain social welfare payments. Paternity Benefit can be paid directly into your own bank account, or to your employer’s account if they’re topping up the payment.
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Have you applied for maternity leave in Ireland? Tell us about your experience of working and maternity leave — leave a comment below, we’d love to hear from you!
Frequently Asked Questions
How long is maternity leave in Ireland?
Maternity leave in Ireland runs to 42 weeks in total — 26 weeks of standard maternity leave (paid, subject to PRSI eligibility) plus up to 16 weeks of additional, unpaid maternity leave.
When can I start my maternity leave?
You can start any time from 24 weeks’ pregnant, but you must begin at least two weeks before your due date and take a minimum of four weeks off after the birth.
Do I have to tell my employer in writing?
Yes. You must give your employer at least four weeks’ written notice before starting maternity leave, along with a doctor’s certificate confirming your due date.
Is my job protected while I’m on maternity leave?
Yes. Under the Maternity Protection Acts, you’re entitled to return to your original job on the same terms, or to a suitable alternative role that’s no less favourable if your original job isn’t available.
Do dads get paid leave too?
Yes. Since September 2016, fathers in Ireland are entitled to two weeks’ paid Paternity Benefit, taken within the first six months after the birth or adoption.
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Before You Go
Planning ahead for maternity or paternity leave? Save this guide so it’s handy when you’re ready to fill in the forms, and browse our other new-parent articles for more practical tips on the weeks ahead.
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