(LRC Revised)

Number 34 of 1994

MATERNITY PROTECTION ACT 1994

REVISED

Updated to 20 November 2024

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

Maternity Protection Act 1994

. It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including the

Family Courts Act 2024

(48/2024), enacted 13 November 2024, and all

statutory instruments up to and including the

Maternity Protection, Employment Equality and Preservation of Certain Records Act

2024 (Commencement) Order 2024

(S.I. No. 630 of 2024), made 18 November 2024, were considered in the preparation

of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

34

of

1994

MATERNITY PROTECTION ACT 1994

REVISED

Updated to 20 November 2024

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title and commencement.

2.

Interpretation.

3.

Orders and regulations.

4.

Voidance or modification of certain provisions in agreements.

5.

Expenses.

6.

Repeal of 1981 Act, as amended.

PART II

Maternity Leave

7.

Interpretation of

Part II

.

8.

Entitlement to maternity leave.

8A.

Supplemental provisions relating to premature birth period.

9.

Notification to employer.

10.

Allocation of minimum period of maternity leave.

11.

Variation in allocation of minimum period of maternity leave.

12.

Extension of maternity leave.

13.

Commencement of maternity leave (early confinement).

13A.

Additional provision for certain early confinement circumstances.

14.

Entitlement to additional maternity leave.

14A.

Termination of additional maternity leave in event of sickness of mother.

14B.

Postponement of maternity leave or additional maternity leave in event of hospitalisation

of child.

14C.

Postponement of maternity

leave in event of serious health condition of relevant employee.

15.

Right to time off from work for ante-natal or post-natal care.

15A.

Entitlement to time off from work to attend ante-natal classes.

15B.

Entitlement to time off from work or reduction of working hours for breastfeeding.

16.

Entitlement of employed father or other parent, as the case may be, to leave on death

of mother.

16A.

Termination of leave in event of sickness of father or other parent.

16B.

Postponement of leave under section 16 in event of hospitalisation of child.

PART III

Leave to Protect Health and Safety of Pregnant Employees, etc.

17.

Employees to whom

Part III

applies.

18.

Leave on health and safety grounds.

19.

Ending of leave under

section 18

where no change of circumstances.

20.

Ending of leave under

section 18

on change of circumstances.

PART IV

Employment Protection

21.

Interpretation of

Part IV

.

21A.

Disapplication of

sections 23, 24, 25, 26, 27

and

28

to member of local

authority.

22.

Preservation or suspension of certain rights, etc. while on protective leave, etc.

23.

Voidance of certain purported terminations of employment, etc.

24.

Extension of certain notices of termination of employment or of certain suspensions.

25.

Provisions regarding periods of probation, training and apprenticeship.

26.

General right to return to work on expiry of protective leave.

27.

Right to suitable alternative work in certain circumstances on return to work.

28.

Notification of intention to return to work.

29.

Postponement of return to work.

PART V

Resolution of Disputes

30.

Reference of disputes to which

Part V

applies.

30A.

Disapplication of

Part

V

to member of local authority.

31.

Procedure for referral of disputes to rights commissioner.

32.

Decision under

section

41

or

44

of Workplace Relations Act 2015.

33.

Appeal from decision of rights

commissioner.

(Repealed)

33A.

Burden of proof.

34.

Appeal to High Court on point

of law.

(Repealed)

35.

Service of documents.

(Repealed)

36.

Provisions relating to winding

up and bankruptcy.

(Repealed)

37.

Enforcement of decisions and

determinations.

(Repealed)

PART VI

Amendments and Application of Other Enactments

38.

Amendments relating to unfair dismissal.

39.

Amendment of Schedule 3 to Redundancy Payments Act, 1967.

40.

Provisions applying where employee not permitted to return to work.

41.

Protection of employee’s rights on insolvency of employer.

Number

34

of

1994

MATERNITY PROTECTION ACT 1994

REVISED

Updated to 20 November 2024

AN ACT TO IMPLEMENT COUNCIL DIRECTIVE 92/85/EEC OF 19 OCTOBER 1992 ON THE INTRODUCTION

OF MEASURES TO ENCOURAGE IMPROVEMENTS IN THE SAFETY AND HEALTH AT WORK OF PREGNANT

WORKERS AND WORKERS WHO HAVE RECENTLY GIVEN BIRTH OR ARE BREASTFEEDING, TO REENACT

WITH AMENDMENTS THE PROVISIONS OF THE MATERNITY PROTECTION OF EMPLOYEES ACTS, 1981

AND 1991, TO ENTITLE A MALE EMPLOYEE TO LEAVE IN CERTAIN CASES WHERE THE MOTHER OF

HIS CHILD DIES, TO EXTEND AS A CONSEQUENCE OF THE ABOVE-MENTIONED PROVISIONS THE PROTECTION

AGAINST UNFAIR DISMISSALS CONFERRED BY THE

UNFAIR DISMISSALS ACT, 1977

, AND TO PROVIDE FOR RELATED MATTERS. [27

th December

, 1994]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering text)

C1

Functions transferred

and references construed (14.10.2020) by

Disability, Equality, Human

Rights, Integration and Reception (Transfer of Departmental

Administration and Ministerial Functions) Order 2020

(S.I. No. 436 of

2020), arts. 2, 3(1)(a), (3) and sch., in effect as per art. 1(2), subject

to transitional provisions in arts. 4-8.

Note change of name of Department

and title of Minister to Department of and Minister for Children, Equality,

Disability, Integration and Youth made (15.10.2020) by

Children and Youth

Affairs (Alteration of Name of Department and Title of Minister) Order 2020

(S.I. No. 437 of 2020), in effect as per art. 1(2).

2. (1) The administration

and business in connection with the exercise, performance or execution of

any functions transferred by Article 3 are transferred to the Department of

Children and Youth Affairs.

(2) References to the

Department of Justice and Equality contained in any Act or instrument made

under such Act and relating to any administration and business transferred

by paragraph (1) of this Article shall, on and after the commencement of

this Order, be construed as references to the Department of Children and

Youth Affairs.

3. (1) The functions vested

in the Minister for Justice and Equality -

(

a

) by or under the

enactments specified in Schedule 1, and

...

are transferred to the

Minister for Children and Youth Affairs.

...

(3) References to the

Minister for Justice and Equality contained in any Act or instrument made

under such Act, and relating to any functions transferred by this Article

shall, on and after the commencement of this Order, be construed as

references to the Minister for Children and Youth Affairs.

SCHEDULE 1

Article 3(1)(a)

Enactments, functions by

or under which are transferred from the Minister for Justice and Equality to

the Minister for Children and Youth Affairs

...

Maternity Protection Acts 1994 and

2004

...

Editorial Notes

E1

Collectively cited

Maternity Protection Acts 1994 and 2004

included in definitions of “employment enactment” and “relevant enactment” (1.08.2015) by

Workplace Relations Act 2015

(16/2015), s. 2 and sch. 1 part 1 item 11, S.I. No. 338 of 2015, with the following

effects

• Authorised officers or inspectors under employment enactments deemed to be appointed

under

Workplace Relations Act 2015

(16/2015), s. 26(2) and subject to termination under s. 26(4).

• Powers of inspectors for purposes of relevant enactments defined in

Workplace Relations Act 2015

(16/2015), s. 27.

• Workplace Relations Commission, an inspector or an adjudication officer authorised

to disclose employer’s registered number or employee’s PPSN to enable Labour Court to perform functions under relevant enactments by

Workplace Relations Act 2015

(16/2015) s. 31(5).

• Power of Workplace Relations Commission and official body to disclose information

to each other concerning the commission of offence under relevant enactment provided

by

Workplace Relations Act 2015

(16/2015), s. 32.

• Power of Workplace Relations Commission and contracting authority to disclose information

to each other concerning the commission of offence under employment enactment/ relevant

enactment provided by

Workplace Relations Act 2015

(16/2015), s. 33.

• Powers of Minister to prosecute under relevant enactments transferred to Workplace

Relations Commission and references construed by

Workplace Relations Act 2015

(16/2015), s. 37.

• Functions of EAT to hear claims under employment enactments transferred to Workplace

Relations Commission and references to EAT construed by

Workplace Relations Act 2015

(16/2015) s. 66(1), (2), not commenced as of date of revision.

E2

Previous affecting provision: functions transferred and terms

“Department of Community, Equality and Gaeltacht Affairs” and

“Minister for Community, Equality and Gaeltacht Affairs” construed

(1.04.2011) by

Equality, Integration, Disability and Human Rights (Transfer of

Departmental Administration and Ministerial Functions) Order 2011

(S.I. No.

139 of 2011), arts. 2, 3 and sch., subject to transitional provisions in arts.

4-8. Name of Minister and Department changed to Children and Youth Affairs and

references construed (2.06.2011) by

Community, Equality and Gaeltacht Affairs

(Alteration of Name of Department and Title of Minister) Order 2011

(S.I.

No. 214 of 2011), in effect as per art. 1(2); superseded as per C-note above.

E3

Previous affecting provision: functions transferred and terms

“Department of Justice, Equality and Law Reform” and “Minister for

Justice, Equality and Law Reform” construed as Department of/Minister for

Community, Rural and Gaeltacht Affairs (1.06.2010) by

Equality, Integration,

Disability and Human Rights (Transfer of Departmental Administration and

Ministerial Functions) Order 2010

(S.I. No. 217 of 2010), arts. 2-3 and

sch., subject to transitional provisions in arts. 4-8. Name of Minister and

Department changed to Justice and Law Reform and references construed (2.06.2010)

by

Justice, Equality and Law Reform (Alteration of Name of Department and Title

of Minister) Order 2010

(S.I. No. 216 of 2010); superseded as per E-note

above.

E4

Previous affecting provision: functions transferred and terms

“Department of Equality and Law Reform” and “Minister for Equality

and Law Reform” construed as Department of and Minister for Justice

(8.07.1997) by

Equality and Law Reform (Transfer of Departmental Administration

and Ministerial Functions) Order 1997

(S.I. No. 297 of 1997), arts. 2-4 and

sch., subject to transitional provisions in arts. 5-9. Name of Department and

Minister changed to Justice, Equality and Law Reform (9.07.1997) by

Justice

(Alteration of Name of Department and Title of Minister) Order 1997

(S.I.

No. 298 of 1997); superseded as per E-note above.

Annotations

Modifications (not altering text)

C1

Functions transferred

and references construed (14.10.2020) by

Disability, Equality, Human

Rights, Integration and Reception (Transfer of Departmental

Administration and Ministerial Functions) Order 2020

(S.I. No. 436 of

2020), arts. 2, 3(1)(a), (3) and sch., in effect as per art. 1(2), subject

to transitional provisions in arts. 4-8.

Note change of name of Department

and title of Minister to Department of and Minister for Children, Equality,

Disability, Integration and Youth made (15.10.2020) by

Children and Youth

Affairs (Alteration of Name of Department and Title of Minister) Order 2020

(S.I. No. 437 of 2020), in effect as per art. 1(2).

2. (1) The administration

and business in connection with the exercise, performance or execution of

any functions transferred by Article 3 are transferred to the Department of

Children and Youth Affairs.

(2) References to the

Department of Justice and Equality contained in any Act or instrument made

under such Act and relating to any administration and business transferred

by paragraph (1) of this Article shall, on and after the commencement of

this Order, be construed as references to the Department of Children and

Youth Affairs.

3. (1) The functions vested

in the Minister for Justice and Equality -

(

a

) by or under the

enactments specified in Schedule 1, and

...

are transferred to the

Minister for Children and Youth Affairs.

...

(3) References to the

Minister for Justice and Equality contained in any Act or instrument made

under such Act, and relating to any functions transferred by this Article

shall, on and after the commencement of this Order, be construed as

references to the Minister for Children and Youth Affairs.

SCHEDULE 1

Article 3(1)(a)

Enactments, functions by

or under which are transferred from the Minister for Justice and Equality to

the Minister for Children and Youth Affairs

...

Maternity Protection Acts 1994 and

2004

...

Editorial Notes

E1

Collectively cited

Maternity Protection Acts 1994 and 2004

included in definitions of “employment enactment” and “relevant enactment” (1.08.2015) by

Workplace Relations Act 2015

(16/2015), s. 2 and sch. 1 part 1 item 11, S.I. No. 338 of 2015, with the following

effects

• Authorised officers or inspectors under employment enactments deemed to be appointed

under

Workplace Relations Act 2015

(16/2015), s. 26(2) and subject to termination under s. 26(4).

• Powers of inspectors for purposes of relevant enactments defined in

Workplace Relations Act 2015

(16/2015), s. 27.

• Workplace Relations Commission, an inspector or an adjudication officer authorised

to disclose employer’s registered number or employee’s PPSN to enable Labour Court to perform functions under relevant enactments by

Workplace Relations Act 2015

(16/2015) s. 31(5).

• Power of Workplace Relations Commission and official body to disclose information

to each other concerning the commission of offence under relevant enactment provided

by

Workplace Relations Act 2015

(16/2015), s. 32.

• Power of Workplace Relations Commission and contracting authority to disclose information

to each other concerning the commission of offence under employment enactment/ relevant

enactment provided by

Workplace Relations Act 2015

(16/2015), s. 33.

• Powers of Minister to prosecute under relevant enactments transferred to Workplace

Relations Commission and references construed by

Workplace Relations Act 2015

(16/2015), s. 37.

• Functions of EAT to hear claims under employment enactments transferred to Workplace

Relations Commission and references to EAT construed by

Workplace Relations Act 2015

(16/2015) s. 66(1), (2), not commenced as of date of revision.

E2

Previous affecting provision: functions transferred and terms

“Department of Community, Equality and Gaeltacht Affairs” and

“Minister for Community, Equality and Gaeltacht Affairs” construed

(1.04.2011) by

Equality, Integration, Disability and Human Rights (Transfer of

Departmental Administration and Ministerial Functions) Order 2011

(S.I. No.

139 of 2011), arts. 2, 3 and sch., subject to transitional provisions in arts.

4-8. Name of Minister and Department changed to Children and Youth Affairs and

references construed (2.06.2011) by

Community, Equality and Gaeltacht Affairs

(Alteration of Name of Department and Title of Minister) Order 2011

(S.I.

No. 214 of 2011), in effect as per art. 1(2); superseded as per C-note above.

E3

Previous affecting provision: functions transferred and terms

“Department of Justice, Equality and Law Reform” and “Minister for

Justice, Equality and Law Reform” construed as Department of/Minister for

Community, Rural and Gaeltacht Affairs (1.06.2010) by

Equality, Integration,

Disability and Human Rights (Transfer of Departmental Administration and

Ministerial Functions) Order 2010

(S.I. No. 217 of 2010), arts. 2-3 and

sch., subject to transitional provisions in arts. 4-8. Name of Minister and

Department changed to Justice and Law Reform and references construed (2.06.2010)

by

Justice, Equality and Law Reform (Alteration of Name of Department and Title

of Minister) Order 2010

(S.I. No. 216 of 2010); superseded as per E-note

above.

E4

Previous affecting provision: functions transferred and terms

“Department of Equality and Law Reform” and “Minister for Equality

and Law Reform” construed as Department of and Minister for Justice

(8.07.1997) by

Equality and Law Reform (Transfer of Departmental Administration

and Ministerial Functions) Order 1997

(S.I. No. 297 of 1997), arts. 2-4 and

sch., subject to transitional provisions in arts. 5-9. Name of Department and

Minister changed to Justice, Equality and Law Reform (9.07.1997) by

Justice

(Alteration of Name of Department and Title of Minister) Order 1997

(S.I.

No. 298 of 1997); superseded as per E-note above.

Section

1.

Short title and commencement.

2.

Interpretation.

3.

Orders and regulations.

4.

Voidance or modification of certain provisions in agreements.

5.

Expenses.

6.

Repeal of 1981 Act, as amended.

PART II

Maternity Leave

7.

Interpretation of

Part II

.

8.

Entitlement to maternity leave.

8A.

Supplemental provisions relating to premature birth period.

9.

Notification to employer.

10.

Allocation of minimum period of maternity leave.

11.

Variation in allocation of minimum period of maternity leave.

12.

Extension of maternity leave.

13.

Commencement of maternity leave (early confinement).

13A.

Additional provision for certain early confinement circumstances.

14.

Entitlement to additional maternity leave.

14A.

Termination of additional maternity leave in event of sickness of mother.

14B.

Postponement of maternity leave or additional maternity leave in event of hospitalisation

of child.

14C.

Postponement of maternity

leave in event of serious health condition of relevant employee.

15.

Right to time off from work for ante-natal or post-natal care.

15A.

Entitlement to time off from work to attend ante-natal classes.

15B.

Entitlement to time off from work or reduction of working hours for breastfeeding.

16.

Entitlement of employed father or other parent, as the case may be, to leave on death

of mother.

16A.

Termination of leave in event of sickness of father or other parent.

16B.

Postponement of leave under section 16 in event of hospitalisation of child.

PART III

Leave to Protect Health and Safety of Pregnant Employees, etc.

17.

Employees to whom

Part III

applies.

18.

Leave on health and safety grounds.

19.

Ending of leave under

section 18

where no change of circumstances.

20.

Ending of leave under

section 18

on change of circumstances.

PART IV

Employment Protection

21.

Interpretation of

Part IV

.

21A.

Disapplication of

sections 23, 24, 25, 26, 27

and

28

to member of local

authority.

22.

Preservation or suspension of certain rights, etc. while on protective leave, etc.

23.

Voidance of certain purported terminations of employment, etc.

24.

Extension of certain notices of termination of employment or of certain suspensions.

25.

Provisions regarding periods of probation, training and apprenticeship.

26.

General right to return to work on expiry of protective leave.

27.

Right to suitable alternative work in certain circumstances on return to work.

28.

Notification of intention to return to work.

29.

Postponement of return to work.

PART V

Resolution of Disputes

30.

Reference of disputes to which

Part V

applies.

30A.

Disapplication of

Part

V

to member of local authority.

31.

Procedure for referral of disputes to rights commissioner.

32.

Decision under

section

41

or

44

of Workplace Relations Act 2015.

33.

Appeal from decision of rights

commissioner.

(Repealed)

33A.

Burden of proof.

34.

Appeal to High Court on point

of law.

(Repealed)

35.

Service of documents.

(Repealed)

36.

Provisions relating to winding

up and bankruptcy.

(Repealed)

37.

Enforcement of decisions and

determinations.

(Repealed)

PART VI

Amendments and Application of Other Enactments

38.

Amendments relating to unfair dismissal.

39.

Amendment of Schedule 3 to Redundancy Payments Act, 1967.

40.

Provisions applying where employee not permitted to return to work.

41.

Protection of employee’s rights on insolvency of employer.

Number

34

of

1994