Significant changes to employment law were introduced in November 2024 with the enactment of the Maternity Protection, Employment Equality and Preservation of Certain Records Act, 2024. The Act introduced some interesting changes to the law on maternity leave.
In relation to maternity leave, the Act now provides employees with the opportunity to postpone the commencement or part of their maternity leave if they are suffering from a serious physical or mental illness.
Section 14C (1) of the Act states that the maternity leave cannot be postponed for any longer than 52 weeks save for extenuating circumstances. In the event where an employee is required to postpone their leave, they must notify their employer in writing together with a medical certificate signed by a medical practitioner.
The term ‘serious illness’ is defined under the Act as a serious risk to the life or health, including the mental health, of an employee and in order to address the risk, requires necessary medical intervention. However, it is important to note that if an employee is suffering from a mental illness, they must prove that they are an inpatient who is actively receiving treatment in order to postpone the commencement or part of their maternity leave, whereas an employee suffering from a serious physical illness does not.
Thanks to Conor Cronin, Intern, for preparing this article and if you have any queries in relation to the above or any other employment law related queries, please do not hesitate to contact Brendan Dillon or Donna Phelan on 01 296 0666.
