The general outline of the Maternity Protection (Amendment) and Miscellaneous Provisions Bill 2024 introduces a provision allowing mothers who need treatment for a severe illness to delay their maternity leave for a specified period of time.
Here’s what you need to know:
The Government released the General Scheme of the Maternity Protection (Amendment) and Miscellaneous Provisions Bill 2024 on 24th July 2024.
The General Scheme outlines 3 key objectives that employers should take note of:
Allowing the postponement of maternity leave for individuals needing treatment due to a serious medical condition
- Under the current draft of the General Scheme, employees who need treatment for a serious medical condition are entitled to postpone their maternity leave for up to 52 weeks. The Government is also considering whether this provision should be expanded to include serious mental health conditions. Employees must provide their employer with written notice of their intention to delay maternity leave, giving at least two weeks' notice before the planned postponement date. This notification must be accompanied by a medical certificate.
Revising the time limits for filing claims under the Maternity Protection Act 1994 (the "1994 Act")
- The General Scheme revises the time limit for submitting claims under the 1994 Act to the Workplace Relations Commission (WRC). Currently, disputes must be filed within six months of notifying the employer of pregnancy, childbirth, or breastfeeding, with a potential six-month extension for valid reasons. This can result in protections expiring before the employee returns to work. The General Scheme seeks to address this issue by starting the time limit from the date the dispute arises, rather than from the date the employer is informed of the pregnancy, recent childbirth, or breastfeeding.
Establishing regulations for the use of non-disclosure agreements
- The General Scheme introduces new regulations for non-disclosure agreements (NDAs) to address the power imbalance between employees and employers, especially in cases involving alleged discrimination, harassment, sexual harassment, or victimisation.
- Under the General Scheme, NDAs will be enforceable only if requested by the employee and if specific conditions are met, including:
- The employee must receive independent legal advice, funded by the employer, before signing the NDA.
- The NDA terms must be documented in writing, limited in duration, and include a 14-day cooling-off period after signing, during which the employee can withdraw from the agreement if desired.
The proposed legislation, which includes these changes and updates to maternity leave provisions, is expected to advance through the Oireachtas when the new session begins in September 2024.
We will keep you informed as the legislation progresses and becomes available.
Contact Us
For more advice and support or to discuss our HR services please contact a member of the RBK HR Solutions Team:
Yvonne Clarke – HR Solutions Manager – (090) 6480600
Áine Dunne - HR Solutions Assistant Manager - (090) 6480600
