Can my pregnant girlfriend quit her job, but continue to pay PRSI so she can get maternity benefit?

she can go on maternity 16 weeks before the baby is due I think?
so another few weeks and she could go on maternity anyway?

Go on maternity at the soonest possible time and leave the job or extend the maternity leave, use parental time when the maternity leave is up?

She has to be in employment (or self-employment) to qualify for maternity benefit, so leaving a job won't help.

Check whether she might be eligible for health and safety benefit, if not, then certified sick leave as Tefral mentioned might be the way to go.

There is no way for her to voluntarily pay PRSI when she is not en employee or self-employed. (Even if there was, and it would cost a lot to pay both the employer and employee contributions).

Check this page - there's an advice phone number about 2/3 of the way down.

https://www.hsa.ie/eng/Workplace_Health/Sensitive_Risk_Groups/Pregnant_at_Work_FAQ_Responses/Pregnant_at_Work_FAQ_Responses.html#leg1

It does sound like she may need to go on Health and Safety leave, you need to check with Welfare how this affects her entitlement to Maternity Benefit.

There are a couple of things your girlfriend can do.

She should formally in writing notify her employer about her pregnancy and ask them to conduct a Pregnant Employee Risk Assessment which is a statutory obligation on their behalf. She should also note to her employer that she is concerned about the nature of the work that she is being asked to undertake and the effect it is having on her safety and the safety of her unborn child. The employers response to that request would dictate the next steps. A proper employer would do the assessment and / or refer het to occupational health for assessment. If she is ignored she is moving towards a constructive dismissal case.

She could also ask her GP to sign her off work and identify her as a candidate for health and safety leave on the basis of her assigned duties during pregnancy and she can present that to her employer and progress it from there.

Pregnant employees are pretty bullet proof under Irish maternity protection legislation. The pregnant employee always holds the cards. Is the employer a large operation or a small entity?

The results of the risk assessment must be provided to the employee, so yes, they need to be written down. The consequences are the employee has an extremely strong case they could take to the WRC.

The laws of very practical use to employees as any employer who fails to carry out the requirements would lose a case if one eas taken by an employee.

I've been thinking about this some more, and also the comment that someone made about she has to be given the results of the risk assessment in writing (I still cannot find the "in writing" bit as a requirement).

The risk-assessment looks at:

• Physical shocks - including direct blows to the abdomen
• Vibration - of whole body, there are guidelines on vibration
• Handling a load - there are guidelines on handling of loads
• Noise – there are guidelines on noise
• Excessive heat or cold
• Movement and postures which are abrupt or severe or give rise to excessive fatigue
• Ionising radiation
• Non-ionising radiation
• Biological agents – including viruses, bacteria etc.
• Chemicals – including substances, which cause cancer, mercury, anti-cancer drugs and carbon monoxide.
• Stress and/or bullying
• Pressurisation chambers
• Rubella – unless adequately immunised
• Toxoplasma
• Lead and lead substances
• Underground mine work
• Certain physically demanding tasks – heavy lifting, for instance

And there are considerations for "night work for a period of at least 3 hours between 11.00 pm and 6.00 am".

Your post says she's got "a very physical job. Cleaning offices, canteens and toilets and lifting heavy things in a large block of offices and a warehouse."

But, she's not doing what doctors call night work. Most cleaning jobs are active - but not extremely physical: Yes, she's on her feet, moving around and pushing a duster, vacuum cleaner or floor polisher. And yes, bending to clean toilets. But it's not abrupt or severe. Some vibrations, but not extreme. Handling some chemicals - but not cancer-causing, mercury, lead etc - usually similar to what you'd use at home. Most cleaners don't actually lift really heavy things - it's more like bags of office waste (this doc suggests that when standing, weights less than 16kg are fine). Not usually extremely hot or cold. I'm say that bully/stress to work faster is probably the biggest risk that most cleaners face.

And most pregnant women don't need to be wrapped in cotton wool: it's best if they aren't sitting down all day, and are getting plenty of exercise. (Yes, there are exceptions - but if they applied her Dr would have advised already.) And size can get to be an issue - but usually at 8 months, not 4.5.

So I'm wondering if this could be a mindset issue as much a manager one. And if you might be feeding the stress by being overly protective.

Now, absolutely she should talk to her doctor about it, and follow the doctor's advice. But staying active and fit with lots of movement is usually a good thing to do.

go over the direct managers head and make a complaint.

If he continues to act the maggot, make another complaint and get certified by her GP as unable to work. Aside from the 5 days statutory sick leave @ 70% of wage, the company won't be paying anything, however it is important to remember that you also continue to be entitled to build up holiday and bank holiday leave during your maternity leave.

So DO NOT leave the job. Plenty of other options and certainly I'd start with asking her manager if he has completed a risk assessment and I'd copy the communication to the HR dept or whoever is over his head.