Irish Maternity Entitlements

Introduction - Introduction to the Irish maternity benefits and entitlements

Duration of Maternity Leave - Paid and unpaid leave entitlements

Returning to Work - Your rights when you return to work

Medical Visits - Your entitlements regarding medical visits

What do I have to do? - What should you do and when to ensure you get your entitlements

How do I apply for maternity leave/benefit? - Application details

Maternity Benefit Rates - Rates paid during maternity leave

How do I know if I qualify? - Rules for qualification for maternity leave and benefits
 

Introduction

Maternity Benefit is payable during maternity leave if you qualify for it. It is a Department of Social, Community and Family Affairs payment. Some employmers will pay the difference between your maternity benefit and your normal salary, but they do not have to.

Duration of Maternity Leave

Returning to work

You are entitled to be treated as if you had been at work during your maternity leave. Your employment conditions cannot be worsened by the fact that you have taken maternity leave, and if pay or other conditions have improved while you have been on maternity leave then you are entitled to these benefits when you return to work.

Medical Visits

You will need to provide your employer with medical evidence confirming the pregnancy, give two weeks notice of your medical visits. You are entitled to be paid while keeping these medical appointments both before and after the birth.

What do I have to do?

1. You must give your employer at least four weeks' written notice of your intention to take maternity leave.
2. You must also provide your employer with a medical certificate confirming the pregnancy.
3. If you intend to take the additional eight weeks maternity leave you must provide your employer with at least four weeks' written notice.
4. Both these notices can be given at the same time.
5. It is important to comply with these notice requirements, as failure to do so may cause loss of rights.
6. You must give your employer at least four weeks' written notice of your intention to return to work.

How do I apply for maternity leave/benefit?

Maternity Benefit Rates

If you are self-employed, your weekly rate of Maternity Benefit is calculated by dividing your gross income in the relevant tax year by 52 weeks - 70% of this amount is payable weekly, subject to a minimum payment and a maximum payment.

Current rates of payment are:

   - Minimum Payment: £106.79 (135.60 euro)

   - Maximum Payment: £183.00 (232.36 euro)

Half-rate Maternity Benefit is payable if you are getting any one of the following payments:

• One-Parent Family Payment
• Widow's (Contributory) Pension
• Widow's (Non-Contributory) Pension
• Deserted Wife's Benefit
• Prisoner's Wife's Allowance

Maternity Benefit can be paid by cheque which is posted to you each week or directly into your Bank or Building Society Account (this is known as Direct Payment). Payment is made each week in advance.

How do I know if I qualify?

The PRSI contributions can be from employment or self-employment - classes of PRSI that count are A, E, H and S (self-employed).

If you are employed you must have:

• at least 39 weeks PRSI paid in the 12 month period before the first day of your maternity leave;
  or
• at least 39 weeks PRSI paid since first starting work and, in general, at least 39 weeks PRSI paid or credited in the last complete tax year before the year in which your maternity leave commences. For example, if you are going on maternity leave in October 2000, the relevant tax year is 1998/1999. If a tax year later than the relevant tax year has ended before the start of your maternity leave (in this case 1999/2000) contributions in that tax year may be used to help you qualify for maternity benefit.
  or
• at least 26 weeks PRSI paid in the relevant tax year and at least 26 weeks PRSI paid in the tax year prior to the relevant tax year. This provision applies to you if your maternity leave began on or after 23 March 2001. If you failed to qualify on the basis of the contribution conditions up to 23 March 2001, you are only entitled to claim maternity leave for any period of unexpired certified leave after 23 March 2001.

If you are self-employed you must have:

• 52 weeks PRSI contributions paid at Class S in the last relevant tax year before the year in which your claim is made
  or
• 52 weeks PRSI contributions paid at Class S in the second last relevant tax year before the year in which your claim is made.

If you are now self-employed but you were in insurable employment before you became self-employed, the PRSI contributions (Class A, E and H) paid by you in that employment may help you qualify for Maternity Benefit if you do not satisfy the self-employment conditions as stated above.