Redundancy and maternity leave – are employees on maternity leave "untouchable"?
Posted in : First Tuesday Q&A ROI on 3 October 2017
A&L Goodbody
A&L Goodbody
As a rule of thumb, employees on maternity leave are automatically red-circled when a redundancy exercise is being contemplated. Maternity leave is probably the most "protected" leave, rendering any attempted dismissal of an employee while on maternity leave automatically void. In fact, termination of an employee's employment, including any notice to terminate, whilst that employee is on maternity leave, during antenatal or postnatal care, pregnancy related leave, or whilst she is still breastfeeding, is void.
In short, the entire period of pregnancy and maternity leave has been recognised by the Court of Justice of the European Union (CJEU) to be a special, protected leave and an
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Back to Q&A's This article is correct at 03/10/2017
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A&L Goodbody
A&L Goodbody
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