Written answers

Tuesday, 29 May 2018

Department of Employment Affairs and Social Protection

Maternity Leave

Photo of Thomas PringleThomas Pringle (Donegal, Independent)
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604. To ask the Minister for Employment Affairs and Social Protection the maternity policy in Intreo offices for jobseekers who are pregnant and after giving birth; if women are required to be available for work or actively seeking employment throughout the duration of pregnancy; the length of time their maternity leave is for giving birth; if this is in line with the six months maternity leave, with another four months unpaid as an option, granted to women that are in employment; and if she will make a statement on the matter. [23358/18]

Photo of Regina DohertyRegina Doherty (Meath East, Fine Gael)
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The Department of Justice and Equality has responsibility for maternity leave which is provided for in the 1994 and 2004 Maternity Protection Acts (as amended). 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). The 2018 Revised Estimates for my Department provide for expenditure of approximately €264 million on maternity benefit.

Maternity benefit is a payment made for 26 weeks to women who are on maternity leave from work and covered by social insurance (PRSI). The fundamental qualification criteria for maternity benefit are that a woman must be in insurable employment or self-employment and is contingent on entitlement to statutory maternity leave. The applicant must also satisfy certain PRSI contribution conditions. A further 16 weeks’ of additional maternity leave is also available from work, which must begin immediately after the end of the paid maternity leave. This period is not covered by maternity benefit, nor is the employer obliged, unless otherwise agreed, to make any payment during this period.

The jobseeker's benefit (JB) and jobseeker’s allowance (JA) schemes provide income support for people who have lost work and who are available for and genuinely seeking full-time employment. In the absence of any complications of pregnancy, a pregnant woman must satisfy these conditions for receipt of payment.

However, on an administrative basis a woman who informs the Department that she is pregnant will not be requested to prove that she is genuinely seeking or available for work in the 4 weeks immediately before the expected date of birth of her child and in the 8 week period following the birth. She will also not be required to attend at the Intreo Centre/Branch Office for signing purposes during this period provided she informs the Intreo Centre/Branch Office of her pregnancy.

The Deputy should also be aware that the supplementary welfare allowance (SWA) scheme

is available to provide immediate and flexible assistance for those in need who do not qualify for payment under other State schemes. For instance, new mothers who do not qualify for maternity benefit may be eligible for a payment under the SWA scheme. This scheme is considered the "safety net" within the overall social welfare system for eligible people in the State whose means are insufficient to meet their needs and those of their dependants.

I trust this clarifies the matter for the Deputy.

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