S.I. No. 655/2004 - Maternity Protection (Postponement of Leave) Regulations, 2004

STATUTORY INSTRUMENTS.

S.I. No. 655 of 2004 .

MATERNITY PROTECTION (POSTPONEMENT OF LEAVE) REGULATIONS, 2004.

S.I. No. 655 of 2004 .

MATERNITY PROTECTION (POSTPONEMENT OF LEAVE) REGULATIONS, 2004.

I, MICHAEL McDOWELL, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by sections 14B and 16B (inserted by sections 7 and 12 respectively of the Maternity Protection (Amendment) Act 2004 (No. 28 of 2004)) of the Maternity Protection Act 1994 (No. 34 of 1994) and the Equality and Law Reform (Transfer of Departmental Administration and Ministerial Functions) Order (No. 297 of 1997) (as adapted by the Justice (Alteration of Name of Department and Title of Minister) Order 1997 ( S.I. No. 298 of 1997 )), hereby make the following regulations:

1. (1) These Regulations may be cited as the Maternity Protection (Postponement of Leave) Regulations 2004.

(2) These Regulations shall come into operation on 18 October 2004.

2. In these Regulations “Principal Act” means Maternity Protection Act 1994 (No. 34 of 1994).

3. The maximum period of postponement of leave under section 14B or 16B of the Principal Act is 6 months.

4. The evidence to be furnished by an employee or an employed father to her or his employer, if so requested by the employer, for the purposes of section 14B or 16B, as the case may be, of the Principal Act shall be—

(a)  a  letter or other appropriate document from the hospital in which the child concerned is hospitalised confirming the hospitalisation, and

(b)  a  letter or other appropriate document from the hospital concerned or the child’s medical practitioner confirming that the child has been discharged from hospital and the date of that discharge.

EXPLANATORY NOTE.

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

These Regulations set out the details of the postponement of maternity leave and/or additional maternity leave in the event of hospitalisation of the child under sections 7 and 12 of the Maternity Protection (Amendment) Act 2004 .