If an employee is on maternity leave and a company has to make redundancies, are there any restrictions in legislation that prohibit making an employee redundant whilst she is on maternity leave?Posted in : First Tuesday Q&A ROI on 7 April 2010
The Maternity Protection Acts, 1994 and 2004 (the “Acts”) provide that any termination of an employee’s employment whilst the employee is absent from work on maternity leave is void and therefore of no effect. Furthermore, any notice of termination of an individual’s employment given while the employee is absent from work on maternity leave and expiring after such period of maternity leave, is also void. Therefore, the Acts render ineffective any attempt to actually terminate or any notice of termination given during a period of maternity leave.
However, where an employee has given notice of intention to return to work following maternity leave, but the employer has not permitted the
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.
We help you to understand the ramifications of each important case from Ireland and Europe.
We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.
You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.
You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.
Back to Q&A's This article is correct at 02/09/2015
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.