Seanad debates

Tuesday, 2 December 2003

Maternity Protection (Amendment) Bill 2003: Committee Stage.

 

2:30 pm

Margaret Cox (Fianna Fail)

I ask the Minister of State for some advice on this area and to put some scenarios to him. Amendment No. 40, which is proposed by the Government, contains the phrase "if he is employed under a contract of employment". I would like the Minister of State to clarify some concerns I have about this provision. When a mother dies during childbirth, for example, the father may not be entitled to anything under the social welfare code because he is self-employed or he is the director of a company in which he owns more than 15% of the shares. I am concerned about the payment of maternity leave benefit to a person who is self-employed or a director. Can such payments be paid to a father? Can benefit payments be transferred to a father if he is under a contract of employment? Legislation relating to fixed-term employment was passed some months ago. The rights of workers are now provided for under the Protection of Employees (Fixed-Term Work) Act. The legislation provides that the rights of a person employed under fixed-term contract law will be commensurate with those of a permanent employee. I am interested in the effect of the "under a contract of employment" proviso in the areas I have mentioned.

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