Maternity Protection of Employees Act, 1981

Provisions applying where employee not permitted to return to work.

26.—(1) This section applies to an employee who, having duly complied with section 22 , is entitled under Part III to return to work but is not permitted to do so by her employer, the successor or an associated employer, and who is an employee to whom an Act referred to in the relevant subsection of this section applies.

(2) For the purposes of the Redundancy Payments Acts, 1967 to 1979, an employee to whom this section applies shall be deemed to have been dismissed by reason of redundancy, the date of dismissal being deemed to be the date specified in the relevant notification under section 22 (1).

(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 shall be deemed to have been terminated on the date specified in the relevant notification under section 22 (1).

(4) For the purposes of the Act of 1977, an employee to whom this section applies shall be deemed to have been dismissed on the date specified in the relevant notification under section 22 (1), and the dismissal shall be deemed to be an unfair dismissal unless, having regard to all the circumstances, there were substantial grounds justifying the dismissal.