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redundancy and maternity

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  • 31-01-2013 4:45pm
    #1
    consie
    Registered Users Posts: 8 ✭


    Hi. I am due to go on maternity leave on Sat March 2nd. My office is closing Fri March 29th. The company will still be in operation. I know I cannot be legally made redundant while on maternity leave but can they serve me the 4 weeks notice on Friday March 1st which is effectively my last day at work. This is only giving me the notice but not actually making me redundant as my job is still in operation till Mar 29th by cover. I understand they can but then that would mean that my redundancy date would be March 29th and I cannot be made redundant that date as am on mat leave.


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    #2
    DubTony
    Registered Users Posts: 3,269 ✭✭✭DubTony


    To say that you can't be made redundant while on maternity leave isn't technically true. This would apply if there was a round of redundancies to help streamline operations within a company or business. If the company is closing down though, you're caught like everyone else as they are all being made redundant.

    I would assume your redundancy date will be the date the business closes.


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    #3
    consie
    Registered Users Posts: 8 ✭consie


    Hi Tony. The company is not closing down, my office is closing. So I wondered if I get served my 4 weeks notice before I go on maternity leave, does this redundancy come into effect on the 29th March when effectively I am on maternity leave or do they need to bring me back after my maternity leave finishes to make me redundant.


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    #4
    DubTony
    Registered Users Posts: 3,269 ✭✭✭DubTony


    It's a while since I studied this, but I believe you're right. You should receive your notice when you return, and your maternity leave should count as time worked for redundancy purposes.
    You local citizens information centre will definitely have the answer to this.

    www.citizensinformation.ie

    Edit: Just had a chat with Mrs. DubTony (HR Manager in a previous life). If she was the manager in this situation she would start your notice period at the end of your maternity leave. As you've given notice to your employer (maternity leave) you're protected by the maternity protection act.

    It's all here.

    http://www.irishstatutebook.ie/1994/en/act/pub/0034/sec0024.html#sec24

    Best of luck.


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