How much maternity leave am I entitled to in Ireland?
Under the Maternity Protection Acts 1994 and 2004, you are entitled to 26 weeks of basic maternity leave plus 16 weeks of additional unpaid maternity leave. At least 2 weeks must be taken before your due date and at least 4 weeks after. You must notify your employer in writing at least 4 weeks before you intend to start leave.
How much paternity leave is available in Ireland?
Under the Paternity Leave and Benefit Act 2016, a relevant parent is entitled to 2 weeks of paternity leave, to be taken within 26 weeks of the birth or adoption of a child. You must notify your employer in writing at least 4 weeks before you intend to take the leave.
What is Parent's Leave and how does it differ from Parental Leave in Ireland?
Parent's Leave gives each parent 9 weeks of paid leave to be taken within the first 2 years of a child's birth or adoption. It is paid by the Department of Social Protection (DSP) as Parent's Benefit. Parental Leave is separate — it gives each parent up to 26 weeks of unpaid leave per child, available until the child turns 12, and does not attract any DSP payment.
How do I claim Maternity Benefit or Parent's Benefit from the DSP?
You apply to the Department of Social Protection online at mywelfare.ie at least 6 weeks before your leave starts (12 weeks if self-employed). You must have sufficient PRSI contributions. Maternity Benefit is currently paid at a flat weekly rate. Your employer may top up the payment but is not legally required to do so.
What happens if my employer refuses to grant parental or parent's leave in Ireland?
Your employer may postpone parental leave for up to 6 months in limited circumstances, for example if granting it would have a substantial adverse effect on the business. They cannot refuse altogether. If your employer denies your statutory leave entitlement or penalises you for taking it, you can bring a complaint to the Workplace Relations Commission (WRC) within 6 months of the act complained of.
Do I have breastfeeding rights at work in Ireland?
Yes. Under the Maternity Protection (Amendment) Act 2004, if you are breastfeeding you are entitled to one hour off work per day without loss of pay for up to 2 years after the birth. The break can be taken as a single hour, two half-hour breaks, or three twenty-minute breaks by agreement with your employer.
How do I bring a WRC complaint about parental leave in Ireland?
You file a complaint online at workplacerelations.ie. The form is free to complete and does not require a solicitor. You must generally file within 6 months of the contravention, extendable to 12 months where there is reasonable cause. An adjudication officer will hear your case and can award compensation or order compliance.
Can my employer make me redundant while I am on maternity leave in Ireland?
You have enhanced protection against dismissal and redundancy while on maternity leave. A purported redundancy during maternity leave is generally void unless the employer can demonstrate exceptional circumstances unrelated to the pregnancy or leave. You retain your right to return to your job or to suitable alternative work.
Is there any cost involved in bringing a parental leave complaint to the WRC?
There is no fee to file a complaint with the WRC. The hearing is conducted by an adjudication officer and both parties can represent themselves. FLAC (Free Legal Advice Centres) can provide initial free advice if you are unsure how to proceed.
How does uplaw.ai help with parental leave rights in Ireland?
Tell uplaw.ai what type of leave you need, when your baby is due or was born, and whether your employer has raised any objection. uplaw.ai will identify your entitlements, draft the notification letter to your employer, and help you prepare a WRC complaint form if needed.
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Employer refusing your leave? Tell uplaw.ai what happened.
No account required. uplaw.ai identifies your leave entitlements and drafts your WRC complaint if needed.