Sheila Terry (Fine Gael)

I move amendment No. 3:

In page 5, line 9, after "terminate" to insert "or postpone".

Section 5 deals with the termination of additional maternity leave in the event of sickness of the mother. As I have already said, this may be in breach of Council 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 any other employee. While this is acceptable for other employees, it is unfair to a mother who has given birth.

This Bill specifies in section 5(4)(b) that "the employee shall not be entitled to the additional maternity leave, or part of it not taken by her at the date of such termination". This is illogical and unjust. There is no reason the employee should not be entitled to avail of the balance of the maternity leave which had been suspended because of her illness. Will the Minister comment on the proposed amendment?