Catherine Murphy (Kildare North, Social Democrats)
Link to this: Individually | In context | Oireachtas source

490. To ask the Minister for Employment Affairs and Social Protection the rationale for choosing 1 October 2017 for the introduction of the reformed maternity leave entitlement scheme; the qualifying criteria for the scheme; her plans to review the scheme; and if she will make a statement on the matter. [51602/17]

Regina Doherty (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Department of Justice and Equality has responsibility for maternity leave which is provided for in the 1994 and 2004 Maternity Acts. The Department of Employment Affairs and Social Protection has responsibility for the associated social welfare payment of maternity benefit as provided for in the Social Welfare Consolidation Act 2005 (as amended). On 3 October 2017 I, together with my colleague the Minister for Justice and Equality, Charlie Flanagan T.D, announced increased maternity leave and maternity benefit for mothers whose babies are born prematurely. The Government decided that the additional maternity leave and benefit would be available for mothers of premature babies born on or after 1 October 2017 and my Department is now working to make sure the necessary arrangements are put in place to meet that deadline. There are no plans to extend the new arrangements to mothers of premature babies born before that date.

Maternity Benefit is a payment made for 26 weeks to employed and self-employed pregnant women who satisfy certain pay related social insurance (PRSI) contribution conditions in order to avoid the need for them to work pre and post-delivery of their baby. The qualifying conditions for maternity benefit include that a claimant must:

- Be in employment which is covered by the Maternity Protection Act, 1994, immediately before the first day of her maternity leave. The last day of insurable employment must be within 16 weeks of the end of the week in which her baby is due. (If she ceases employment, her Maternity Leave must commence from the following day) and

- be certified by her employer as entitled to maternity leave under the Maternity Protection Act, 1994 and

- have her expected date of confinement certified by a registered medical practitioner and

- have at least 39 weeks PRSI paid in the 12 months before the first day of her maternity leave

or

- at least 39 weeks PRSI paid since first starting work and at least 39 weeks PRSI paid or credited in the Relevant Tax Year or in the year following the Relevant Tax Year

or

- at least 26 weeks PRSI paid in the Relevant Tax Year and at least 26 weeks PRSI paid in the Tax Year prior to the Relevant Tax Year

Under the new arrangements, in addition to the current 26 weeks of paid maternity leave a mother will be entitled to an additional period of maternity leave and benefit where her baby is born prematurely, where she meets the ordinary qualifying criteria for the schemes.

The additional period will commence at the end of the standard 26 week period of paid maternity leave. The extended period to be added will be the number of weeks from the baby's actual date of birth up to two weeks before the expected date of confinement which would have been the 37th week of the pregnancy, at which point the current entitlement to 26 weeks leave and benefit would normally begin.

The rate of payment was increased to €235 per week from March 2017 and will further increase to €240 from 26 March 2018. In 2017 it is estimated that my Department will spend approximately €266 million on maternity benefit, in respect of an average of 22,000 recipients per week.