S.I. No. 29/2001 - Maternity Protection Act, 1994 (Extension of Periods of Leave) Order, 2001

WHEREAS it is enacted by subsection (2) of section 8 and subsection (8) of section 16 of the Maternity Protection Act, 1994 (No. 34 of 1994), that the Minister for Justice, Equality and Law Reform may by order, made with the consent of the Minister for Social, Community and Family Affairs and the consent of the Minister for Finance, amend subsection (1) of the said section 8 and subsections (1) and (4) of the said section 16 so as to extend the periods mentioned in those subsections:

AND WHEREAS it is further enacted by subsection (6) of section 14 of that Act that the Minister for Justice, Equality and Law Reform may by order amend subsection (1) of that section so as to extend the period mentioned in that subsection:

AND WHEREAS it is further enacted by section 3(4) of that Act that where an order is proposed to be made under that Act (other than an order under section 1 thereof), a draft of the order shall be laid before both Houses of the Oireachtas, and the order shall not be made until a resolution approving the draft has been passed by each such House:

AND WHEREAS a draft of the following Order has been laid before both Houses of the Oireachtas and a resolution approving the draft has been passed by each such House:

NOW, the Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on him by sections 8 (2), 14 (6) and 16 (8) of the Maternity Protection Act, 1994 (No. 34 of 1994), and with the consent of the Minister for Social, Community and Family Affairs and the consent of the Minister for Finance insofar as the said sections 8(2) and 16(8) are concerned, orders as follows:

1.     This Order may be cited as the Maternity Protection Act, 1994 (Extension of Periods of Leave) Order, 2001.

2.     (1)    Subject to paragraph (2) of this Article, this Order shall come into operation on the 8th day of February, 2001.

(2)    (a)   Articles 4 and 5 of this Order shall apply in respect of a pregnant employee who commences maternity leave at any time not less than 4 weeks after the commencement of this Order.

(b)   Article 6 of this Order shall apply in respect of an employee who commences additional maternity leave at any time not less than 4 weeks after the commencement of this Order.

(c)   Article 7(a) of this Order shall apply in respect of a man who commences leave from his employment under section 16(1) of the Act at any time after the commencement of this Order.

(d)   (i)   Subject to clause (ii) of this subparagraph, Article 7(b) of this Order shall apply in respect of a man who commences leave from his employment under section 16(4) of the Act at any time not less than 4 weeks after the commencement of this Order.

(ii)  Article 7(b) of this Order shall apply in respect of a man who commences leave from his employment under section 16(1)(a) of the Act at any time after the commencement of this Order and who gives notification under section 16(5) of the Act at the same time as the gives notification under section 16(2)(a) thereof.

3.     In this Order “Act” means Maternity Protection Act, 1994 (No. 34 of 1994).

4.     Section 8(1) of the Act is amended by the substitution of “18 consecutive weeks” for “14 consecutive weeks”.

5.     Section 13(2) of the Act is amended by the substitution of “18 consecutive weeks” for “14 consecutive weeks”.

6.     Section 14(1) of the Act is amended by the substitution of “eight consecutive weeks” for “four consecutive weeks”.

7.     Section 16 of the Act is amended -

(a)    in subsection (1), by the substitution of “twenty-second week” for “fourteenth week” in each place where it occurs and the substitution of “fourteenth week” for “tenth week” in each place where it occurs, and

(b)    in subsection (4), by the substitution of “eight consecutive weeks” for “four consecutive weeks”.

The Minister for Social, Community and Family Affairs consents to the foregoing Order (other than Article 6 thereof).

The Minister for Finance consents to the foregoing Order (other than Article 6 thereof).

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order extends the periods of maternity leave under the Maternity Protection Act, 1994 .