Maternity Leave: Termination & Postponement
Postponement of Leave in the Event of the Hospitalisation of the Child
If the child falls ill and is hospitalised, and the employee has availed of at least 14 weeks maternity leave with not less than 4 of those weeks being after the week of the birth, then she may apply to have the remaining maternity leave, and up to 12 weeks additional maternity leave, postponed until the child is released from hospital. The decision to offer this postponement lies entirely at the discretion of the organisation.
The employee should request this postponement in writing directly to their employer as soon as possible, with a letter confirming the hospitalisation of the child. The organisation should respond to requests as soon as is reasonably practicable.
Where the postponement is granted, the employee will return to work on an agreed date. The maximum period of postponement of leave is six months from the date of postponement. The employee must provide a letter or appropriate document from the hospital or the child’s GP confirming the date that the child was discharged from hospital, before resuming leave. Resumed leave must commence within seven days of the child’s discharge from hospital.
Employee Absence Due to Sickness during Period of Postponement
If the employee should fall ill during a period of postponement, and subsequently are absent from work, she will be deemed to have resumed maternity leave from the first day of absence. If the employee prefers to avail of sick leave, she must write to her manager and confirm this. Please note that if an employee opts to transfer to sick leave, she forfeits her right to any remaining maternity leave entitlements.
Termination of Additional Maternity Leave
Should the employee fall ill during the additional maternity leave, or if she indicates that she has the intention to avail of additional maternity leave and then falls ill, the employee may apply to their employer to commence sick leave instead of taking the remaining additional maternity leave.
IMPORTANT: When this kind of request is made, and granted, the employee forfeits her right to the remaining additional leave. In such circumstances, the sick leave will be treated in the same manner as any other absence on sick leave, and normal sick leave reporting arrangements will apply. The decision to offer this termination of maternity leave lies entirely at the discretion of the Organisation.
Maternity Leave | Antenatal & Postnatal Care