MATERNITY PROTECTION ACT, 1994

• (bbb) any purported termination of an employee’s employment during a period of absence from work for breastfeeding in accordance with section 15B;]

• (c) any notice of termination of an employee’s employment given while the employee is absent from work on protective leave and expiring subsequent to such a period of absence;

• (d) any notice of termination of an employee’s employment given during a period of natal care absence and expiring subsequent to such a period;

• F56[(dd) any notice of termination of an employee’s employment given during a period of absence from work to attend ante-natal classes in accordance with section 15A and expiring subsequent to such a period;

• (ddd) any notice of termination of an employee’s employment given during a period of absence from work for breastfeeding in accordance with section 15B and expiring subsequent to such a period;]

• F57[(e) any purported suspension from an employee’s employment imposed while the employee is absent from work on protective leave, during a period of natal care absence or during a period of absence from work to attend ante-natal classes in accordance with section 15A or for breastfeeding in accordance with section 15B.]

24. Extension of certain notices of termination of employment or of certain suspensions.

24.—Any notice of termination of employment given in respect of an employee or any suspension from employment imposed on an employee—

• (a) before the receipt by the employee’s employer of a notification under F58[section 9, 12, 14, 14B, 15, 15A, 15B, 16 or 16B] (or, where appropriate, under section 28), or

• (b) before the production for the employer’s inspection of a certificate under section 11,

F59[and due to expire during the employee’s absence from work on protective leave, during a period of natal care absence or during a period of absence from work to attend ante-natal classes in accordance with section 15A or for breastfeeding in accordance with section 15B shall be extended by the period of such absence.]

25. Provisions regarding periods of probation, training and apprenticeship.

25.—(1) During an employee’s absence from work while on protective leave, being an employee who, starting with F60[the commencement of her or his employment with the employer]—

• (a) is on probation in that employment, or

• (b) is undergoing training in relation to that employment, or

• (c) is employed under a contract of apprenticeship,

the probation, training or apprenticeship shall stand suspended during such absence and shall be completed by the employee F60[on his or her return to work after such absence].

• (2) The Minister may by regulations prescribe a period or periods of training in relation to which subsection (1) shall not apply.

26. General right to return to work on expiry of protective leave.

26.—(1) Subject to this Part, on the expiry of a period during which an employee was absent from work while on protective leave, the employee shall be entitled to return to work—

• (a) F61[with the employer with whom she or he was working immediately before the start of that period or, where during the employee’s absence from work there was a change of ownership of the undertaking in which she or he was employed immediately before her or his absence], with the owner (in this Act referred to as “the successor”) of the undertaking at the expiry of the period of absence,

• (b) in the job which the employee held immediately before the start of that period, and

• (c) under the contract of employment under which the employee was employed immediately before the start of that period, or, where a change of ownership such as is referred to in paragraph (a) has occurred, under a contract of employment with the successor which is identical to the contract under which the employee was employed immediately before the start of that period, F62[and (in either case) under terms or conditions —

• (i) not less favourable than those that would have been applicable to the employee, and

• (ii) that incorporate any improvement to the terms or conditions of employment to which the employee would have been entitled,

if she or he had not been so absent from work.]

• (2) For the purposes of subsection (1) (b), where the job held by an employee immediately before the start of the period of F61[her or his absence on protective leave] was not the employee’s normal or usual job, the employee shall be entitled to return to work, either in F61[her or his normal or usual job] or in that job as soon as is practicable without contravention by the employee or the employer of any provision of a statute or instrument made under statute.

• (3) In this section “job”, in relation to an employee, means the nature of F61[the work which she or he is employed to do in accordance with her or his contract of employment and the capacity and place in which she or he is so employed].

27. Right to suitable alternative work in certain circumstances on return to work.

27.—(1) Where an employee is entitled to return to work in accordance with section 26 but it is not reasonably practicable for the employer or the successor to permit the employee to return to work in accordance with that section, the employee shall, subject to this Part, be entitled to be offered by the employer, the successor or an associated employer suitable alternative work under a new contract of employment.

• (2) Work under a new contract of employment constitutes suitable alternative work for the purposes of this Act if—

• (a) the work required to be done under the contract is of a kind which is suitable in relation to the employee concerned and appropriate for the employee to do in the circumstances; and

• F63[(b) the terms or conditions of the contract—

• (i) relating to the place where the work under it is required to be done, the capacity in which the employee concerned is to be employed and any other terms or conditions of employment are not less favourable to the employee than those of her or his contract of employment immediately before the start of the period of absence from work while on protective leave, and

• (ii) incorporate any improvement to the terms or conditions of employment to which the employee would have been entitled if she or he had not been so absent from work during that period.]

• (3) For the purposes of this Act one employer shall be taken to be associated with another—

• (a) if one is a body corporate of which the other (whether directly or indirectly) has control; or

• (b) if both are bodies corporate of which a third person (whether directly or indirectly) has control.

28. Notification of intention to return to work.

28.—(1) F64[Subject to sections 14B(11) and 16B(10), entitlement to return to work] in accordance with section 26 or to be offered suitable alternative work under section 27 shall be subject to an employee who has been absent from work while on protective leave in accordance with this Act having, not later than four weeks before F64[the date on which she or he expects to return to work], notified in writing (or caused to be so notified) the employer or, where the employee is aware of a change of ownership of the undertaking concerned, the successor, of F64[her or his intention to return to work] and of F64[the date on which she or he expects to return to work].

• F65[(1A) Entitlement to return to work in accordance with section 26 or to be offered suitable alternative work under section 27 shall be subject to an employee who has been absent from work on resumed leave within the meaning of section 14B or 16B, as the case may be, having notified in writing (or caused to be so notified) the employer or, where the employee is aware of a change of ownership of the undertaking concerned, the successor, of her or his intention to return to work and of the date on which she or he expects to return to work—

• (a) if the period of resumed leave concerned is 4 weeks or less—

• (i) at the same time as the relevant notification is given by the employee under section 14B(8) or 16B(7), as the case may be, or

• (ii) if the employer waives the right to receive such notification, not later than the day on which the employee expects to return to work,

or

• (b) if the period of resumed leave concerned is more than 4 weeks, not later than 4 weeks before the date on which the employee expects to return to work.

• (1B) Entitlement to return to work in accordance with section 26 or to be offered suitable alternative work under section 27 shall be subject to an employee who has been absent from work and been deemed under subsection (6) of section 14B or subsection (5) of section 16B, as the case may be, to be on resumed leave within the meaning of whichever of those sections is appropriate having, not later than the date on which she or he expects to return to work, notified in writing (or caused to be so notified) the employer or, where the employee is aware of a change of ownership of the undertaking concerned, the successor, of her or his intention to return to work and of the date on which she or he expects to return to work.]

• (2) Where, in the opinion of a rights commissioner or the Tribunal, there are reasonable grounds—

• F64[(a) for an employee’s failure to give notification under subsection (1), (1A) or (1B), as may be appropriate, or]

• (b) for an employee giving such notification otherwise than within the specified time limits,

the rights commissioner or the Tribunal, as the case may be, shall extend the time for giving the notification.

• (3) In the absence of reasonable grounds—

• F64[(a) failure to give notification under subsection (1), (1A) or (1B), as may be appropriate, or]

• (b) the giving of such notification otherwise than within the specified time limits,

are matters that may be taken into account by a rights commissioner, the Tribunal or the Circuit Court in determining the employee’s rights under the 1977 Act, this Act or any other relevant enactment, so far as the remedies of re-instatement, re-engagement or compensation are concerned.

29. Postponement of return to work.

29.—Where, because of an interruption or cessation of work at an employee’s place of employment, existing on the date specified in a notification under section 28 given by the employee, it is unreasonable to expect the employee to return to work on the date specified in the notification, the employee may return to work instead when work resumes at the place of employment after the interruption or cessation, or as soon as reasonably practicable after such resumption.

PART V Resolution of Disputes

30. Reference of disputes to which Part V applies.

30.—(1) F66[(1) This Part does not apply to a dispute relating to—

• (a) the dismissal of an employee, or

• (b) a matter that is within the competence of the Authority under the 1989 Act.]

• (2) This Part does not apply where the employee is in employment as a member of the Defence Forces and, accordingly, in the following provisions of this Part, “employee” does not include an employee in such employment.

• (3) In this Part “the relevant employer”, in relation to an employee, means the employee’s employer or, where appropriate, the successor or an associated employer.

• (4) F67[…]

• (5) The Minister may make regulations for the purposes of this Part, and in this Part “prescribed” means prescribed by such regulations.

• (6) In subsection (1) (a) “dismissal” has the same meaning as in the 1977 Act except that, in applying that definition for the purposes of subsection (1) (a), the expressions “employer” and “contract of employment”, where used in that definition, shall be given the same meanings as in this Act.

30A. F68[Disapplication of Part V to member of local authority

30A.—This Part does not apply to a member of a local authority in the member’s capacity as such.]

31. Procedure for referral of disputes to rights commissioner.

31.—F69[…]

32. F70[Decision under section 41 or 44 of Workplace Relations Act 2015

32. (1) A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a dispute between an employee and the relevant employer relating to any entitlement of the employee under Part II, III or IV (or any matter arising out of or related to such entitlement) may include such directions to the parties to the dispute as the adjudication officer considers necessary or expedient for the resolution of the dispute, and if the decision is in favour of the employee then, without prejudice to the power to give such directions, the adjudication officer may order—

• (a) the grant of leave to the employee for such period as may be so specified,

• (b) an award of compensation (in favour of the employee to be paid by the relevant employer) of such amount, not exceeding 20 weeks’ remuneration in respect of the employee’s employment calculated in such manner as may be prescribed, as the adjudication officer considers just and equitable having regard to all of the circumstances, or

• (c) both such grant and such award.

• (2) A decision of the Labour Court under section 44 of the Workplace Relations Act 2015 on appeal from a decision referred to in subsection (1) may include such directions to the parties to the appeal as the Labour Court considers necessary or expedient for the resolution of the matter, and if the decision is in favour of the employee then, without prejudice to the power to give such directions, the Labour Court may order—

• (a) the grant of leave for such period as may be so specified,

• (b) an award of compensation (in favour of the employee to be paid by the relevant employer) of such amount, not exceeding 20 weeks’ remuneration in respect of the employee’s employment calculated in such manner as may be prescribed, as the Labour Court considers just and equitable having regard to all of the circumstances, or

• (c) both such grant and such award.

• (3) In this section "remuneration" includes allowances in the nature of pay and benefits in lieu of or in addition to pay.]

33. Appeal from decision of rights commissioner.

33.—F71[…]

33A. F72[Burden of proof.

33A.—(1) In this section—

"discrimination" means—

• (a) a failure, which gives rise to a dispute, to comply with a provision of Parts II to IV, or

• (b) an unfair dismissal (within the meaning of the 1977 Act) of an employee resulting wholly or mainly from—

• (i) the employee’s pregnancy, attendance at ante-natal classes, giving birth or breastfeeding or any matters connected therewith, or

• (ii) the exercise or proposed exercise by the employee of the right under this Act to any form of protective leave or natal care absence, within the meaning of Part IV, or to time off from work to attend ante-natal classes in accordance with section 15A (inserted by section 8 of the Maternity Protection (Amendment) Act 2004), or to time off from work or a reduction of working hours for breastfeeding in accordance with section 15B (inserted by section 9 of the Maternity Protection (Amendment) Act 2004);

"employee", in relation to proceedings under the 1977 Act, has the meaning assigned to it by that Act;

"indirect discrimination" shall be construed in accordance with section 22 (as amended by Regulation 4(b) of the European Communities (Burden of Proof in Gender Discrimination Cases) Regulations 2001 (S.I. No. 337 of 2001)) of the Employment Equality Act 1998 insofar as that section relates to discrimination on the gender ground within the meaning of that Act;

"proceedings" means—

• (a) any proceedings under F73[Part 4 of the Workplace Relations Act 2015] before—

• (i) a F73[adjudication officer] dealing with a dispute referred to the F73[adjudication officer] by an employee, or

• (ii) the F73[Labour Court],

or

• (b) any proceedings under the 1977 Act before a F73[adjudication officer], the F73[Labour Court] F74[…] in which a claim is made by an employee for redress under that Act for unfair dismissal on the grounds that the dismissal resulted wholly or mainly from—

• (i) the employee’s pregnancy, attendance at ante-natal classes, giving birth or breastfeeding or any matters connected therewith, or

• (ii) the exercise or proposed exercise by the employee of the right under this Act to any form of protective leave or natal care absence, within the meaning of Part IV, or to time off from work to attend ante-natal classes in accordance with section 15A (inserted by section 8 of the Maternity Protection (Amendment) Act 2004), or to time off from work or a reduction of working hours for breastfeeding in accordance with section 15B (inserted by section 9 of the Maternity Protection (Amendment) Act 2004),

and includes any subsequent proceedings, including proceedings on appeal, arising from the claim.

• (2) Where in any proceedings facts are established by an employee from which it may be presumed that there has been discrimination or indirect discrimination in relation to him or her, it shall be for the respondent to prove the contrary.

• (3) This section is without prejudice to section 6(6) of the 1977 Act or any other enactment or rule of law in relation to the burden of proof in proceedings which may be more favourable to such an employee.

• (4) Nothing in this section shall operate to reduce the existing level of protection for employees in relation to the burden of proof in proceedings.

• (5) The European Communities (Burden of Proof in Gender Discrimination Cases) Regulations 2001 (S.I. No. 337 of 2001) are revoked insofar as they apply to proceedings (within the meaning of this section).]

34. Appeal to High Court on point of law.

34.—F75[…]

35. Service of documents.

35.—F76[…]

36. Provisions relating to winding up and bankruptcy.

36.—F77[…]

37. Enforcement of decisions and determinations.

37.—F78[…].

PART VI Amendments and Application of Other Enactments

38. Amendments relating to unfair dismissal.

38.—(1) At the beginning of subsection (1) of section 2 of the 1977 Act (which excludes certain employees) there shall be inserted “Except in so far as any provision of this Act otherwise provides”, and in paragraph (a) of that subsection the words from “and whose” shall be omitted.

• (2) In section 2 (2) of the 1977 Act (which specifies dismissals in relation to which that Act does not apply) for paragraph (c) (inserted by the 1981 Act) there shall be substituted—

• “(c) dismissal where the employee’s employer at the commencement of the employment informs the employee in writing that the employment will terminate on the return to work with that employer of another employee who is absent from work while on protective leave or natal care absence, within the meaning of Part IV of the Maternity Protection Act, 1994, and the dismissal of the first-mentioned employee duly occurs for the purpose of facilitating the return to work of that other employee.”.

• (3) At the beginning of each of sections 3 and 4 of the 1977 Act (which relate to dismissal during probation, training or apprenticeship) there shall be inserted “Except in so far as any provision of this Act otherwise provides”.

• (4) In section 6 (2) of the 1977 Act (which specifies the matters which cause a dismissal resulting from any of those matters to be deemed to be an unfair dismissal) for paragraphs (f) and (g) (the latter inserted by the 1981 Act) there shall be substituted—

• “(f) the employee’s pregnancy, giving birth or breastfeeding or any matters connected therewith,

• (g) the exercise or proposed exercise by the employee of a right under the Maternity Protection Act, 1994, to any form of protective leave or natal care absence, within the meaning of Part IV of that Act,”.

• (5) After section 6 (2) of the 1977 Act there shall be inserted—

• “(2A) Sections 3 and 4 do not apply to a case falling within paragraph (f) or (g) of subsection (2) and, for the purposes of those paragraphs, “employee” includes a person who would otherwise be excluded from this Act by paragraph (a), (c), (f) or (g) of section 2 (1).”.

39. Amendment of Schedule 3 to Redundancy Payments Act, 1967.

39.—In Schedule 3 to the Redundancy Payments Act, 1967, in paragraph 5 (which specifies periods which do not breach continuity of employment) for subparagraph (1) (d) (inserted by the 1981 Act) there shall be substituted—

• “(d) a period during which an employee was absent from work while on protective leave or natal care absence, within the meaning of Part IV of the Maternity Protection Act, 1994.”.

40. Provisions applying where employee not permitted to return to work.

40.—(1) This section applies to an employee who, having duly complied with section 28, is entitled under Part IV to return to work but is not permitted to do so by the relevant employer, as defined in section 30 (3), and in this section, in relation to such an employee, “the expected date of return” means F79[the date notified under subsection (1), (1A) or (1B), as may be appropriate, of section 28] as the date on which the employee expected to return to work.

• (2) For the purposes of the Redundancy Payments Acts, 1967 to 1991, an employee to whom this section applies who is also an employee to whom those Acts apply shall be deemed to have been dismissed by reason of redundancy, the date of dismissal being deemed to be the expected date of return.

• (3) For the purposes of the Minimum Notice and Terms of Employment Act, 1973, the contract of employment of an employee to whom this section applies who is also an employee to whom that Act applies shall be deemed to have been terminated on the expected date of return.

• (4) For the purposes of the 1977 Act—

• (a) an employee to whom this section applies who is also an employee to whom that Act applies shall be deemed to have been dismissed on the expected date of return; and

• (b) the dismissal shall be deemed to be an unfair dismissal unless, having regard to all the circumstances, there were substantial grounds justifying the dismissal.

41. Protection of employee’s rights on insolvency of employer.

41.—(1) In the Protection of Employees (Employers’ Insolvency) Act, 1984, section 6 (which provides for certain amounts to be paid out of the Redundancy and Employees’ Insolvency Fund) shall be amended in accordance with this section.

• (2) In subsection (2) (a), for subparagraph (v) there shall be substituted—

• “(v) any amount which an employer is required to pay by virtue of—

  • (I) a determination under section 8 (1) or 9 (1) or an order under section 10 (2) of the 1977 Act, or

  • (II) a decision, determination or order under Part V of the Maternity Protection Act, 1994,

  and made, in any case, not earlier than the commencement of the relevant period,”.

• (3) In subsection (4) (c), after subparagraph (iii) there shall be inserted—

• “(iv) A payment shall not be made under this section in respect of an amount to which a decision under Part V of the Maternity Protection Act, 1994, relates unless—

  • (I) in case an appeal from the decision to the Tribunal is brought under the Part in question, the appeal is withdrawn, or

  • (II) in case there is no such appeal, the time for bringing such an appeal has expired.

• (v) A payment shall not be made under this section in respect of an amount to which a determination under Part V of the Maternity Protection Act, 1994, relates unless—

  • (I) in case an appeal from the determination is brought to the High Court under the Part in question, the appeal is withdrawn, or

  • (II) in case there is no appeal, the time for bringing such an appeal has expired.”.