Seanad debates
Wednesday, 28 May 2003
Maternity Protection (Amendment) Bill 2003: Second Stage.
However, I am concerned about a number of aspects of the legislation. Section 5 relates to the determination of additional maternity leave if the mother falls ill but it may be in breach of Directive 92/85 on pregnant workers. The section provides that where a woman falls ill on maternity leave, such leave will be terminated and her illness will be treated as sick leave, as would be the case with other employees. This is as it should be but a difficulty arises in that when the mother recovers, section 5(4)(b) states, "The employee shall not be entitled to the additional maternity leave or the part of it not taken by her at the date of such termination." This is illogical and absolutely unjust. There is no reason to prevent an employee from availing of the balance of her maternity leave, which had been suspended because of her sickness. It is an unfair provision, which I hope the Minister will address. I will table an amendment in this regard on Committee Stage.
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