I have a question in regard to maternity cover. I have employed a lady from Dublin on a 9 month maternity contract. Shortly after she started with me she found out that she herself is now 11 weeks pregnant. I wondered where I stood on having to pay SMP on a contract that is a maternity cover and when the employment contract will end shortly after the baby is due (and the employee is from the south of Ireland). Her 9 month contract started on 10 June 2013. At 2 August she is 11 weeks pregnant. Her baby is due 26 Feb 2014 and her employment contract will officially end on 14 March 2014.Posted in : First Tuesday Q&A ROI on 3 September 2013
The Maternity Protection Acts 1994 (as amended) provide that all pregnant employees, regardless of length of service and employment status, are entitled to maternity leave. Maternity leave must commence not later than two weeks before the employee’s expected due date. Maternity leave is protective leave and employees may not be dismissed during such leave.
Non-renewal of a fixed term contract will not be considered a dismissal provided that the employee’s contract states that the Unfair Dismissals Acts 1977 to 2007 will not apply where the contract terminates solely due to the expiry of 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.