Maternity, Adoptive & Paternity Leave

MATERTNITY LEAVE

Maternity Leave is granted in accordance with the Maternity Protection Acts 1994 and 2004.

Entitlements
  • All pregnant staff, are entitled to 26 weeks Maternity Leave and 16 weeks additional unpaid maternity leave.
  • Maternity leave will ordinarily begin on a date not later than 2 weeks before the end of the week of the baby’s expected birth and 4 weeks must be taken after the end of the week of the baby’s birth.  For this purpose Saturday is regarded as the end of the week.
  • If the birth occurs in a week before an employee has commenced maternity leave then the maternity leave must commence immediately (on the date of the baby’s birth) and the employer must be informed.
  • If the birth occurs after the expected date and there are less than 4 weeks of maternity leave remaining, then the employer must be informed and the maternity leave will be extended to ensure that 4 weeks maternity leave are taken following the birth.
  • An employees entitlement to maternity leave, whether paid or unpaid, shall cease on the expiry of a contract, that contract not having been renewed.

 

Statutory Additional Unpaid Leave
  • An employee has the option of taking a maximum of 16 consecutive weeks statutory additional unpaid maternity leave which must commence on the day immediately following completion of maternity leave.
  • When all associated leave types have been fully utilised, as appropriate to each individual, then the next working day becomes the date of resumption of duty.
  • Teachers may also apply for non-statutory additional unpaid leave to the end of the school year upon completion of maternity and statutory unpaid leave.  In the context of this leave the end of the school year is taken to mean August 31st.  This leave is not a statutory entitlement and it is subject to obtaining written sanction from the employer at least six weeks in advance of an intention to avail of this leave.

 

Application Process / Notification Requirements
  • You should first of all inform your Principal/Director/Coordinator/Manager of your intent to avail of Maternity Leave (to allow for adequate time to recruit a replacement, where appropriate).
  • You should then contact Human Resource Department to discuss leave dates.
  • Once you have decided when you wish to commence your maternity leave you complete and return the Application for Maternity Leave, MB2 form (available from the DSP) and medical certificate from your doctor confirming your expected date of birth (this can only be accepted after reaching the 24th week of pregnancy) to the HR Department at least six weeks before you intend to take the leave.

 

Any further queries in relation to Maternity Leave Entitlements, please contact Lorraine Fox, Human Resource Department

Relating Circular  Application Form 
Maternity Leave Scheme for Teachers Maternity Leave Application
Maternity Leave Scheme for SNAs Maternity Leave Application
Maternity Leave Scheme for all staff other than Teachers and SNAs Maternity Leave Application

 

ADOPTIVE LEAVE

Under the Adoptive Leave Act 1995, as amended by Adoptive Leave Act 2005, only the adoptive mother is entitled to avail of adoptive leave from employment, except in the case where a male is the sole adopter.

Adoptive Leave Entitlements
  • All employed adopting mothers and sole male adopters are entitled to a minimum of 24 consecutive weeks adoptive leave, subject to certain notification requirements and to evidence of placement of the child.
  • The Social Welfare Acts provide for the payment of an adoptive benefit to employees taking adoptive leave who satisfy certain PRSI contribution conditions on their own insurance record.
  • Adopting parents are also entitled to time off during working hours without loss of pay to attend preparation classes and pre-adoption meetings with social welfare workers/HSE officials required during pre-adoption process.
  • In addition to the minimum period of adoptive leave, you may avail of up to 16 consecutive weeks additional unpaid adoptive leave, following immediately on the period of adoptive leave.
  • In order to avail of this Additional Adoptive Leave, you must notify the Human Resources Department,  in writing, at least four weeks before the end of your adoptive leave, indicating the dates of the Additional Adoptive Leave.  (You may notify the Human Resources Department of your intention to take Additional Unpaid Adoptive Leave at the same time as notifying them of your intention to take Adoptive Leave).

 

Application Process / Notification Requirements
  • You should first of all inform your Principal/Director/Coordinator/Manager of your intent to avail of Adoptive Leave (to allow for adequate time to recruit a replacement, where appropriate).
  • Contact Human Resource Department to discuss leave dates.
  • Submit an application in writing to the Chief Executive at least six weeks before you intend to take leave.
  • A certificate of placement must be supplied to the Human Resource Department, as soon as is reasonably practicable, but not later than four weeks after the date of placement.

 

Foreign Adoptions
  • In the case of a foreign adoption, some of all of the 16 weeks additional leave may be taken before the date of placement, for the purposes of familiarisation with the child.  During this period, there is no entitlement to Social Welfare Adoptive Benefit.
  • An eligible employee must notify the Chief Executive at least four weeks in advance of the intention to take Adoptive Leave.
  • Supply written details of the expected date of placement together with a copy of the ‘declaration of suitability’ before the commencement of Adoptive Leave or Additional Adoptive Leave, whichever is the earlier.  Particulars of the placement must be provided as soon as is reasonably practicable thereafter.

 

Any further queries in relation to Adoptive Leave Entitlements, please contact Lorraine Fox, Human Resource Department

Relating Circular  Application Form 
Circular Letter 0065/2016 Adoptive Leave for all Staff Other than Teachers and SNAs Adoptive Leave Application
Circular Letter 0019/2013 Adoptive Leave for SNAs Adoptive Leave Application
Circular Letter 0054/2019 Adoptive Leave Scheme for Post Primary Teachers Adoptive Leave Application

 

PATERNITY LEAVE

The statutory entitlement to 2 consecutive weeks Paternity Leave came into effect from 1 September 2016.

Guidelines
  • A period of two consecutive weeks paid leave will be available to a relevant parent on the birth/adoption of a child, where the date of birth/date of placement of the child falls on or after 1 September 2016.
  • All staff who wish to avail of this leave are advised that they must apply to the Human Resource Department in Waterford and Wexford ETB, in writing, at least four weeks in advance of intending to take the leave.
  • Paternity leave must be taken within 26 weeks of the date of the birth or date of placement of the child up to 26 weeks thereafter, except where the leave is postponed in the event of the hospitalisation of the child.
  • In order to claim Paternity Benefit from the Department of Social Protection, Class A PRSI contributors should complete the PB2 form and submit same to the Human Resource Department at least 6 weeks prior to the commencement date of the period of Paternity Leave.  Further information is available from the Department of Social Protection website.

 

Application Process/Notification Requirements
  • The relevant  parent must notify their employer of their intention to take paternity leave at least four weeks before the commencement of such leave and provide their employer with the following:
  • In the case of a birth
    • A copy of the medical certificate from a registered medical practitioner confirming the pregnancy and specifying the expected date of birth of the child concerned, or
    • A copy of the birth certificate where notification is given after the birth.
  • In the case of an adoption
    • A declaration/official placement order, or
    • A copy of the placement certificate where notification is given after the date of placement.
  • In the case of foreign adoption, the adopting teacher must obtain a Declaration of Eligibility and Suitability from the Adoption Authority of Ireland, in advance of the date of placement.  As soon as possible after the date of placement the adopting teacher should provide written confirmation of placement to Waterford and Wexford ETB.
  • The relevant parent must complete the Application for Paternity Leave and forward to the Human Resource Department of Waterford and Wexford ETB with a copy of the birth certificate/official placement order for the child.

 

Any further queries in relation to Paternity Leave, please contact Loraine Fox, Human Resource Department.

 

Relating Circular  Application Form 
Circular 0066/2016 Paternity Leave Scheme for all staff other than persons employed as Teachers and SNAs Paternity Leave Application Form
Circular Letter 0054/2019 Paternity Leave for Post Primary Teachers Paternity Leave Application Form
Circular 0058/2016 Paternity Leave Scheme for SNAs Paternity Leave Application Form

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