Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 297: To ask the Minister for Justice, Equality and Law Reform the steps he will take to address the situation where employers are not obliged to make payment to employees on maternity leave but do make a full payment when on sick leave; and if he will make a statement on the matter. [9539/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The Maternity Protection Acts 1994 and 2004 provide protection for all pregnant employees and employees who have recently given birth. They do this in a number of ways including the provision of maternity leave, both paid and unpaid, and the right to return to work. They also allow a pregnant employee time off from work without loss of pay for the purpose of receiving ante-natal or post-natal care. In addition they provide time off for pregnant employees and expectant fathers to attend ant-natal classes without the loss of pay. They do not address the issue of maternity benefit which is a matter for my colleague, the Minister for Social and Family Affairs.

Employees have no statutory right to remuneration from their employer during the period of maternity leave. However employers may choose to pay employees their full remuneration and in turn recoup any maternity benefits to which the employee is entitled, to offset salary costs.

There is a commitment by Government and the Social Partners in Towards 2016 to review the level of statutory entitlements to maternity and paternity leave before the end of 2008. Work will commence shortly on this review. The commitment in the Agreed Programme for Government is, over the next five years, to increase paid maternity leave by five weeks to make all leave after the first 26 weeks available to either parent and, to examine the possibility of introducing a statutory entitlement to paternity leave and shared parental leave.