From Department of Children, Equality, Disability, Integration and Youth
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• Legislation will ensure that women undergoing treatment for cancer or other serious illnesses will not be forced to use maternity leave during treatment.
• Changes will also see introduction of statutory right to maternity leave for members of the Oireachtas.
Minister for Children, Equality, Disability, Integration and Youth, Roderic O’Gorman, has today (July 24), welcomed approval by the Government of the drafting of a Maternity Protection (Amendment) and Miscellaneous Provisions Bill 2024.
The legislation will allow mothers who require treatment for a very serious illness to postpone their maternity leave for a period of time. The legislation will also introduce, for the first time, a form of maternity leave for members of the Oireachtas and, in addition, brings in restrictions on the use of non-disclosure agreements in cases of discrimination and harassment.
Speaking today, Minister O’Gorman said:
“Maternity leave is such an important time for mothers and their babies, and so no one should be forced to use that time for undergoing medical treatment. The legislation approved today will mean that, where necessary, mothers will be able to postpone their maternity leave, focus on their treatment, and retain that precious time with their baby.
With regard to the introduction of maternity leave for Members of the Oireachtas, Minister O’Gorman went on to say:
“These amendments will also introduce maternity leave for members of the Oireachtas. This is a vital equality entitlement to make sure women who have a baby are able to fully participate in political life.”
The General Scheme will now be referred to the Office of the Attorney General for drafting of the Bill.
ENDS
Pause in maternity leave for treatment for serious illness
The General Scheme amends the Maternity Protection Act 1994 to allow for a pause in maternity leave in the case of a very serious physical or mental illness for a period of up to 52 weeks. The need for the pause must be certified by a doctor or consultant.
Maternity Leave for members of the Oireachtas
Members of the Oireachtas currently do not have an entitlement to maternity leave if they become pregnant while a member of the Oireachtas. The General Scheme provides that members of the Oireachtas have an entitlement to 26 weeks maternity leave.
Restrictions on the use of non-disclosure agreements
The Employment Equality Acts 1998-2015 currently do not encompass the use of non-disclosure agreements in the context of sexual harassment and discrimination.
The General Scheme amends the Act to provide that an employer shall not enter into a non-disclosure agreement with an employee where the employee has made allegations of discrimination, harassment, sexual harassment or victimisation unless it has been requested by the employee. In order for a non-disclosure agreement to be enforceable, the employee must be provided with independent legal advice, at the expense of the employer.
Amendment to the Workplace Relations Act 2015
The General Scheme also includes an amendment to the Workplace Relations Act 2015 to rectify an anomaly in the time limits for bringing a case under s.26 of the Maternity Protection Act 1994. This amendment proposes to rectify a situation whereby the time limit for taking a case may have expired before an employee returns to work after maternity leave and therefore ensures compliance with Article 11 of Directive 92/85/EC, under which the rights connected to employment must be maintained during a period of maternity leave. The General Scheme proposes that the 6-month time limit should now be counted from the day after a dispute arises, rather than from date on which the employer is informed that the employee is pregnant, has recently given birth or is breastfeeding.