Seanad debates

Thursday, 11 December 2003

Maternity Protection (Amendment) Bill 2003: Report and Final Stages.

 

10:30 am

Photo of Joanna TuffyJoanna Tuffy (Labour)

The purpose of amendment No. 10 is for clarification. A similar amendment was tabled on Committee Stage but it has been changed to facilitate the Government because the current wording of the section goes beyond what it should. My understanding is that the way the section is currently worded means an employee who is breastfeeding and who has not taken advantage of the provisions of the section, would have to notify her employer in writing that she has ceased to breastfeed. I may be wrong but that is my reading of the section and, if this is so, it would be absurd. I know it is a matter of interpretation but that is the meaning of subsection (4) as it is currently framed. It should be amended by the deletion of the words "to whom subsection (1) applies" and the substitution of "who has exercised an entitlement under subsection (1)". In that respect, the obligation to notify the employer that breastfeeding has ceased would only apply if the employee had taken advantage of the provisions to apply for time off work or for breastfeeding facilities. I would like to hear the Minister of State's comments on that point.

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