Maternity Protection Act, 1994
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Entitlement of employed father to leave on death of mother. |
16.—(1) If a woman (in this section referred to as “the mother”) who has been delivered of a living child dies at any time before the expiry of the fourteenth week following the week of her confinement, the father of the child (if he is employed under a contract of employment) shall be entitled in accordance with this section to leave from his employment for a period ending as follows— | |
(a) if the mother dies before the expiry of the tenth week following the week of her confinement, the period ends at the end of that tenth week; and | ||
(b) if the mother dies at any time after the expiry of that tenth week, the period ends at the end of the fourteenth week following the week of her confinement. | ||
(2) Entitlement to leave under subsection (1) shall be subject to the father— | ||
(a) notifying his employer in writing (or causing his employer to be so notified) not later than the day on which his leave begins of the death of the mother, of his intention to take leave under subsection (1) and of the length of the leave to which he believes he is so entitled; and | ||
(b) if requested by his employer, causing his employer to be supplied, as soon as is reasonably practicable, with a copy of the death certificate made in respect of the mother and of the birth certificate in respect of the child. | ||
(3) The period of leave under subsection (1) shall commence within 7 days of the mother's death; and in this section— | ||
(a) a period of such leave which ends as mentioned in paragraph (a) of subsection (1) is referred to as “subsection (1) (a) leave”; and | ||
(b) a period of such leave which ends as mentioned in paragraph (b) of that subsection is referred to as “subsection (1) (b) leave”. | ||
(4) A father who has taken subsection (1) (a) leave shall, if he so wishes, be entitled to further leave for a maximum period of four consecutive weeks commencing immediately after the end of his subsection (1) (a) leave. | ||
(5) Entitlement to further leave under subsection (4) shall be subject to the father having notified in writing his employer (or caused his employer to be so notified) in accordance with subsection (6) of his intention to take such leave. | ||
(6) Notification under subsection (5) shall be given either at the same time as the notification under subsection (2) (a) or (if it is later) not later than four weeks before the date which would have been the father's expected date of return to work under Part IV if he had not taken the further leave under subsection (4). | ||
(7) A notification under this section may be revoked by a further notification in writing given by or on behalf of the father to his employer— | ||
(a) if it relates to subsection (1) (a) leave or subsection (1) (b) leave, not later than the day on which the leave is due to begin; and | ||
(b) if it relates to leave under subsection (4), not later than the latest date on which, under subsection (6), the notification which is to be revoked could have been given. | ||
(8) The Minister may by order, made with the consent of the Minister for Social Welfare and with the consent of the Minister for Finance, amend subsections (1) and (4) so as to extend the periods mentioned in those subsections. | ||
(9) Any reference in this section to the week of the mother's confinement is a reference to the week in which fell the date of her confinement. |