If you become pregnant while in employment, you are entitled to take maternity leave. The entitlement to a basic period of maternity leave from employment extends to all female employees (including casual workers), regardless of how long you have been working for the organisation or the number of hours worked per week. You can also avail of additional unpaid maternity leave.
You are entitled to 26 weeks’ maternity leave together with 16 weeks additional unpaid maternity leave, which begins immediately after the end of maternity leave.
Under the Maternity Protection (Amendment) Act 2004 at least 2 weeks have to be taken before the end of the week of your baby's expected birth and at least 4 weeks after. You can decide how you would like to take the remaining weeks. Generally, employees take 2 weeks before the birth and the remaining weeks after. If you qualify for Maternity Benefit at least 2 and no more than 16 weeks must be taken before the end of the week the baby is due.
Additonal Maternity Leave
You are also entitled to take up to a further 16 weeks’ additional maternity leave which begins immediately after the end of maternity leave. This period is not covered by Maternity Benefit, nor is your employer obliged, unless otherwise agreed, to make any payment during this period. If you become ill while you are on additional maternity leave you may ask your employer if you may end the additional maternity leave. If your employer agrees you will not be entitled to the remainder of the maternity leave but will be treated as being on sick leave and you may be entitled to Illness Benefit.
Fathers are entitled to maternity leave if the mother dies within 40 weeks of the birth. In these circumstances, the father is entitled to a period of leave, the extent of which depends on the actual date of the mother’s death. If the mother dies within 24 weeks of the birth he has an optional right to the additional maternity leave. If the mother's death is over 24 weeks after the birth, the father is entitled to leave until 40 weeks after the birth. The leave starts within 7 days of the mother's death.
New parents (other than the mother of the child) can get 2 weeks’ statutory paternity leave from employment or self-employment following the birth or adoption of a child on or after 1 September 2016.