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
Zelda Cunningham
Arthur Cox
Issues covered:

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 fixed term and provided that non-renewal was not on the basis of the employee’s pregnancy or

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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.

Zelda Cunningham
Arthur Cox

The main content of this article was provided by Zelda Cunningham. Contact telephone number is +353 1 618 0000 or email zelda.cunningham@arthurcox.com

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