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
Issues covered:

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

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Back to Q&A's This article is correct at 02/09/2015

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