Maternity Leave.

Spom

I am currently pregnant with a baby boy and am due in June. I am employed with a large retail chain for the past 5 years and the company does not provide pay while on maternity leave but I will be entitled to Maternity Benefit. I was under the impression from the citizen's information website and other sources that I had to start my maternity leave at least 2 weeks before my baby is due (but no earlier than 16 weeks before) and that I had to have at least 4 weeks after he is born, but that I could choose to take the remaining weeks as it suited me? However when I approached HR to inform them of my pregnancy I was told that I had to choose to take my leave either 2 weeks before my due date or 4 weeks before-hand.

Is this right? Can the company restrict my choice of when to take my maternity leave like this? I realise it is not exactly the norm, but I would rather take my leave a few weeks earlier for a number of reasons, mostly because I am also a student trying to finish my Masters and so I am up very early for college everyday and then working after college until midnight most nights. This would have been manageable before I got pregnant as I worked all through-out my degree no problem. Unfortunately however I find myself to be absolutely exhausted now and am not coping very well at the moment. I could probably get my doctor to sign me off on sick leave for a few weeks if I do have to take my maternity leave as HR have directed as I have a history of depression which seems to be threatening to rear it's ugly head again as of late. However I really would rather not do this if at all possible. Any insight would be appreciated - thanks!

wmpdd3

No they cant decide when you take it. I took maternity at 33 weeks this time and i work in retail too. I felt it was too dangerous to be in work over christmas. I had sciatica and would have been given sick certs any way.

0ctober

That definitely does not sound right, your 26 weeks of maternity leave are yours to choose and no company should be allowed to dictate when you take it. Your health and your baby's health are priority here, so I would definitely try drop into your local citizens information office or community welfare officer and see can they offer you any advice on your situation. You poor thing, I know how hard it is trying to balance college, work and pregnancy I'm in the same position, you really don't need this right now! Thinking of you and hope it all works out x

No, you can't be restricted in that way.

I would simply not enter into discussions on the matter. Write a letter informing them of your intent to begin your maternity leave on xx date and leave it at that. If they then wish to take that further with you, refer them to irish statute!!

http://www.irishstatutebook.ie/1994/en/act/pub/0034/print.html#sec10

1) Subject to subsection (2) and sections 11 to 13 , the minimum period of maternity leave shall commence on such day as the employee selects, being not later than four weeks before the end of the expected week of confinement, and shall end on such day as she selects, being not earlier than four weeks after the end of the expected week of confinement.

Ammended to state no later than two weeks in 2004.

Section 10(1) of the Principal Act is amended by the substitution of “not later than two weeks before the end of the expected week of confinement” for “not later than four weeks before the end of the expected week of confinement”.

http://www.irishstatutebook.ie/pdf/2004/en.act.2004.0028.pdf

cynder

When I was pregnant my gp signed me off sick for 2 months before my maternity leave started. I then got the rest I needed, As I was exhausted. It was my 3rd pregnancy and was taking its toll.


I didn't want to take my maternity leave early, I could have done ( its the womans choice) but then I would have much time with baby after. So gp signed me off sick.....


If I was you I would take this route. You need the time after baby arrives.

Spom

Thanks very much for the replies, they were all very helpful to me. I will definitely have to sort out the situation with HR now that I have been assured of my entitlements. wmpdd3, I think I would like to take my leave around a similar time, maybe 33 or 34 weeks. I suspect that HR assumed that I would be ignorant as to what the law actually states and therefore would just accept what I was told at face-value. Cheers for providing the links to the statute whoopsadaisydoodles & I think I will be following your advise.

0ctober - thanks very much and I wish you the best of luck with your studies etc. & grindelwald thanks I will definitely have to consider that option also as I don't want to be left with no time with baby afterwards either. Thanks again all.