Maternity Protection of Employees Act, 1981
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Preservation or suspension of certain rights, etc. while on maternity or additional maternity leave. |
15.—(1) During a period of absence from her work by an employee while she is on maternity leave, such an employee shall be deemed to have been in the employment of her employer and, accordingly, while so absent she shall, subject to section 19 , be treated as if she had not been so absent and such absence shall not affect any right (other than her right to remuneration during such absence), whether conferred on her by statute, contract or otherwise, and related to her employment. | |
(2) In respect of a period of absence from her work by an employee while she is on additional maternity leave, the period of employment before such absence shall be regarded as continuous with her employment following such absence in respect of any right, whether conferred on her by statute, contract or otherwise, and related to her employment (other than her right to remuneration which, during such absence, shall stand suspended). | ||
(3) Nothing in this section shall affect an employee's right to be offered suitable alternative employment under section 21 . | ||
(4) A period of absence from her work while on maternity leave or additional maternity leave shall not be treated as part of any other leave (including sick leave or annual leave) to which an employee concerned is entitled. | ||
(5) An employee shall be deemed not to be an employed contributor for the purposes of the Social Welfare (Consolidation) Act, 1981 , for any contribution week (within the meaning of that Act) in a period of absence from her work on maternity leave or additional maternity leave if she does not receive any reckonable earnings (within the meaning of that Act) in respect of that week. |