Norma Foley (Kerry, Fianna Fail) | Oireachtas source

Under section 18 of the Maternity Protection Act 1994, an employee who is pregnant or breastfeeding may be granted maternity health and safety leave from her employment where, following a risk assessment by her employer, a risk has been identified which is not possible to remove from the work environment and where it is not possible to move the employee - an SNA, in this instance - to suitable alternative work. In line with legislation, the Department’s maternity leave circular for SNAs sets out the health and safety leave entitlement that applies to them. It provides that an SNA "will be entitled to full salary for the first 21 days while on health and safety leave". Based on an SNA's PRSI contributions, they may be entitled to health and safety benefit from the Department of Social Protection when their health and safety leave extends beyond 21 days. As the employer, the board of management is legally obliged, as soon as it is notified by an SNA that they are pregnant, to assess any specific risk in the workplace to that SNA and to ensure that the pregnant, post-natal or breastfeeding SNA is not exposed to any agents, processes or working conditions that will damage either the safety or health of the pregnant SNA or that of the developing child or both of them.

Where a risk has been identified and it is not possible to remove it, protective and preventative measures should be taken by the employer to safeguard the health of any SNA to whom these provisions apply. These measures include providing a temporary adjustment in the working environment of the SNA concerned so that exposure to the risk is avoided or, in the event that such adjustment is not possible, moving the SNA to suitable alternative work which does not entail the risk. If such alternative work is not available, and having consulted and received certification from the occupational health service, health and safety leave may be granted to the SNA. Maternity health and safety leave is meant to prevent any injury to a pregnant SNA as a result of an employer-identified risk and is separate to the leave of absence following an assault scheme that the Deputy referred to. Where an SNA is injured as a result of physical contact from a third party causing physical injury-----

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