Mothers who fall sick during maternity leave will be able to claim back ‘lost’ days, says Roderic O'Gorman

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Senan Molony

Some mothers are falling ill during maternity leave — but will soon be able to reclaim their “lost” time off from work.

Equality minister Roderic O’Gorman says he is bringing forward proposals to provide for a deferral of maternity leave, or any portion thereof.

It will apply where a mother falls ill, either while pregnant or during maternity leave. And post-partum depression could be an allowable condition.

“It’s essential that we support mothers during such a vulnerable time in their life,” Minister O’Gorman said.

He added that he will also be taking the opportunity to legislate for maternity leave for Members of the Oireachtas — most recently exemplified by Minister for Justice Helen McEntee.

Mr O’Gorman also says he will be extending the entitlement to parent’s (paid) leave from August 1 this year. It will go from seven weeks to nine weeks, to be taken in the first few years of life.

There have been significant developments in entitlement to leave for working families in recent years.

The Government committed in the Programme for Government extending paid leave to allow parents to spend more time with their children during their earliest years.

Parent’s leave and benefit now provides seven weeks’ paid leave for each parent, to be taken within a child’s first two years. This will now extend to nine weeks this summer.

Mr O’Gorman says he is committed to supporting working parents, “and those who are breastfeeding, in particular.” The Work Life Balance Act 2023 last year included amendments to the Maternity Protection Acts.

The changes provide for the extension of breastfeeding breaks for employees to two years after the birth of their child, which may not be refused by any workplace.

“These regulations are to support those new mothers who are returning to work, knowing that they can be supported to continue breastfeeding their child,” Mr O’Gorman said.

The Act also introduces five days’ leave for medical care purposes for parents of children under 12, and for carers. It also provides for a right to request flexible working for parents and carers.

The right to request remote working for all employees, was commenced on in March this year following the preparation of a Code of Practice by the Workplace Relations Commission.

There are no indications yet as to how well it has been working. There is an avenue of appeal in cases of refusal.

The Government says it is committed to reviewing the flexible working provisions after two years to consider extending the right to request to all employees, not just certain parents and carers.

Statutory domestic violence leave has also been introduced, making Ireland one of the first countries to grant such an authorised absence, intended to help a person relocate to a place of safety.

Victims of domestic violence are entitled to five days’ leave over a period of a year, and is to be paid at 100pc of the employee’s normal pay, to ensure their economic situation will not be altered.