Written answers

Wednesday, 25 January 2006

Department of Justice, Equality and Law Reform

Maternity Leave

8:00 pm

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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Question 1056: To ask the Minister for Justice, Equality and Law Reform the reason the extension of maternity leave has not come immediately into effect; and if his attention has been drawn to the fact that many mothers who are due to take leave feel unfairly treated by waiting two months to implement this change. [40179/05]

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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Question 1057: To ask the Minister for Justice, Equality and Law Reform the reason the extended entitlements to paid and unpaid maternity leave, announced in budget 2006, will not come into operation until March 2006; if his attention has been drawn to the sense of disappointment among women due to take maternity leave in January or February 2006; his views on an earlier date for the introduction of the new arrangements; if not, if administrative arrangements will be made that would allow persons who take maternity leave after 1 January 2006 to reapply for the four week extension; and if he will make a statement on the matter. [40264/05]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 1056 and 1057 together.

I refer the Deputies to my detailed answer on 14 December last to Question No. 288 regarding the increases in maternity and adoptive leave announced by the Minister for Finance in his financial statement of 7 December 2005. Draft orders providing for the increases were placed before both Houses on 18 January last and motions regarding resolutions on the draft orders are on today's Order Papers for the Dáil and Seanad. While I cannot pre-empt the decision of the Oireachtas on this matter, I hope to be in a position to make the orders on 1 February 2006, with the consent of the Ministers for Finance and Social and Family Affairs, giving effect to the increases to employees who commence their maternity leave or additional maternity leave on or after 1 March 2006 and 1 March 2007 as the case may be.

Under both the Maternity Protection Act 1994 and the Adoptive Leave Act 1995, a person taking maternity or adoptive leave must give four weeks notice to their employer of taking such leave. It is, therefore, necessary for me to provide that the orders will take effect four weeks after they are signed into law in order to comply with the four week notice requirements under both Acts.

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