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Maternity Protection Act, 1994

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Number 34 of 1994


MATERNITY PROTECTION ACT, 1994


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title and commencement.

2.

Interpretation.

3.

Orders and regulations.

4.

Voidance or modification of certain provisions in agreements.

5.

Expenses.

6.

Repeal of 1981 Act, as amended.

PART II

Maternity Leave

7.

Interpretation of Part II.

8.

Entitlement to maternity leave.

9.

Notification to employer.

10.

Allocation of minimum period of maternity leave.

11.

Variation in allocation of minimum period of maternity leave.

12.

Extension of maternity leave.

13.

Commencement of maternity leave (early confinement).

14.

Entitlement to additional maternity leave.

15.

Right to time off from work for ante-natal or post-natal care.

16.

Entitlement of employed father to leave on death of mother.

PART III

Leave to Protect Health and Safety of Pregnant Employees, etc.

17.

Employees to whom Part III applies.

18.

Leave on health and safety grounds.

19.

Ending of leave under section 18 where no change of circumstances.

20.

Ending of leave under section 18 on change of circumstances.

PART IV

Employment Protection

21.

Interpretation of Part IV.

22.

Preservation or suspension of certain rights, etc. while on protective leave, etc.

23.

Voidance of certain purported terminations of employment, etc.

24.

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

25.

Provisions regarding periods of probation, training and apprenticeship.

26.

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

27.

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

28.

Notification of intention to return to work.

29.

Postponement of return to work.

PART V

Resolution of Disputes

30.

Reference of disputes to which Part V applies.

31.

Procedure for referral of disputes to rights commissioner.

32.

Redress.

33.

Appeal from decision of rights commissioner.

34.

Appeal to High Court on point of law.

35.

Service of documents.

36.

Provisions relating to winding up and bankruptcy.

37.

Enforcement of decisions and determinations.

PART VI

Amendments and Application of Other Enactments

38.

Amendments relating to unfair dismissal.

39.

Amendment of Schedule 3 to Redundancy Payments Act, 1967.

40.

Provisions applying where employee not permitted to return to work.

41.

Protection of employee's rights on insolvency of employer.

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Number 34 of 1994


MATERNITY PROTECTION ACT, 1994


AN ACT TO IMPLEMENT COUNCIL DIRECTIVE 92/85/EEC OF 19 OCTOBER 1992 ON THE INTRODUCTION OF MEASURES TO ENCOURAGE IMPROVEMENTS IN THE SAFETY AND HEALTH AT WORK OF PREGNANT WORKERS AND WORKERS WHO HAVE RECENTLY GIVEN BIRTH OR ARE BREASTFEEDING, TO REENACT WITH AMENDMENTS THE PROVISIONS OF THE MATERNITY PROTECTION OF EMPLOYEES ACTS, 1981 AND 1991, TO ENTITLE A MALE EMPLOYEE TO LEAVE IN CERTAIN CASES WHERE THE MOTHER OF HIS CHILD DIES, TO EXTEND AS A CONSEQUENCE OF THE ABOVE-MENTIONED PROVISIONS THE PROTECTION AGAINST UNFAIR DISMISSALS CONFERRED BY THE UNFAIR DISMISSALS ACT, 1977 , AND TO PROVIDE FOR RELATED MATTERS. [27th December, 1994]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: