MATS UNIVERSITY

MATS LAW SCHOOL

RAIPUR (C.G.)

Project report submitted for the partial fulfillment B.B.A. LL.B. (Hons.)
for the subject of Labour Law

PROJECT TOPIC:
KINDS OF LEAVES

SUBMITTED BY:
VINI SOLOMON
MU10BLB030

SUBMITTED TO:
Prof. YOGESH SIR SIR

INDEX
CHAPTER 1

INTRODUCTION

CHAPTER 2

MATERNITY LEAVE 1961

CHAPTER 3

POSTPONING MATERNITY LEAVE

CHAPTER 4

RETURING TO WORK

CHAPTER 5

CONCLUSION

INTRODUCTION
Maternity leave only applies to female employees. An employee may take at least four
months unpaid maternity leave. The leave can commence at any time four weeks prior to the
expected date of the birth or at a date a doctor or midwife considers to be necessary for it to be
taken for the sake of the health of the mother or baby. The employee should preferably notify
the employer in writing about the date on which she intends to go on maternity leave. An
employee may not return to work for a period of six weeks after the birth, unless a doctor or
midwife certifies that the employee is fit to resume work. In the event of a miscarriage during the
last trimester or in the case of a stillbirth the employee is entitled to six weeks maternity leave
regardless of whether or not maternity leave has already commenced at the time of such event.
When an employee is on maternity leave, the employment contract is not changed in any
way at all - the employee is merely exercising her legal entitlement to four months unpaid leave
(whether the employer pays a salary for the duration of, or for part of, the maternity leave, is of
no consequence). Thus the employment conditions and the requirement to fulfill a twelve-month
leave cycle remain unchanged - although on unpaid leave, the employee is still employed by the
employer and the 12 month leave cycle is not broken. The only thing the employee is not doing
is actually physically attending the place of work. Therefore the annual leave continues to accrue
during the period of maternity leave.

MATERNITY LEAVE

If a lady becomes pregnant while in employment, then that lady is entitled to take
maternity leave. The entitlement to a basic period of maternity leave from employment extends
to all female employees (including casual workers), regardless of how long that lady have been
working for the organization or the number of hours worked per week. The Maternity Protection
Acts 1994 and 2004 provides statutory minimum entitlements in relation to maternity at work
including maternity leave. Maternity leave basically means a time of approved absence for a
female employee granted for the purpose of giving birth and taking care of infant children. It is
also known as family leave.

PAYMENT DURING MATERNITY LEAVE:

If the employee qualifies for paid Maternity leave she will be paid by the employer
during the entire 16 weeks of maternity leave, regardless of the birth order of the child. Once
notification has been given to the employer they must then write to the employee, within 28 days
of her notification, setting out her return date. The employee must give eight weeks notice if she
wishes to change the return date. But employer is not obliged to pay her.
A female employee is entitlement to pay and superannuation during maternity leave
depends on the terms of the contract of employment. Employers are not obliged to pay women
on maternity leave. You may qualify for Maternity Benefit which is a Department of Social
Protection payment you have sufficient PRSI contributions. However an employees contract
could provide for additional rights to payment during the leave period, so that, for example, the
employee could receive full pay less the amount of Maternity Benefit payable.

TYPES OF LEAVES
HEALTH AND SAFETY LEAVE:
An employer should carry out separate risk assessments in relation to pregnant employees
and those who have recently given birth or are breastfeeding. If there are particular risks, these
should be either removed or the employee moved away from them. If neither of these options is
possible, the employee should be given health and safety leave from work which may continue
up to the beginning of maternity leave. During health and safety leave, employers must pay
employees their normal wages for the first 3 weeks as set out in the Maternity Protection (Health
and Safety Leave Remuneration) Regulations, 1995. After this, Health and Safety Benefit may
be paid.

FATHERS ENTITLEMENT TO MATERNITY LEAVE:

Fathers are entitled to maternity leave if the mother dies within 40 weeks of the birth. In
these circumstances, the father is entitled to a period of leave, the extent of which depends on the
actual date of the mothers death. If the mother dies within 24 weeks of the birth he has an
optional right to the additional maternity leave. If the mother's death is over 24 weeks after the
birth, the father is entitled to leave until 40 weeks after the birth. The leave starts within 7 days
of the mother's death.

ADDITIONAL MATERNITY LEAVE:

From 1 March 2007 a lady is also entitled to take up to a further 16 weeks additional
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. If an employee becomes ill
while she is on additional maternity leave then she may ask the employer to end the additional
maternity leave. If the employer agrees then she will not be entitled to the remainder of the
maternity leave but will be treated as being on sick leave and she may be entitled to Illness
Benefits.

PUBLIC HOLIDAY AND ANNUAL LEAVE:

A female employee is entitled to take leave for any public holidays that occur during the
maternity leave (including additional maternity leave). The right of employees to leave for public
holidays is set down in Section 21 of the Organization of Working Time Act 1997. Apart from
pay and superannuation, time spent on maternity leave (including additional maternity leave) is
treated as that employee have been in employment, and this time can be used to accumulate
annual leave and public holiday entitlement.

STILLBIRTHS AND MISCARRIAGES:

If a lady has a stillbirth or miscarriage any time after the 24th week of pregnancy, she is
entitled to full maternity leave. From 1 March 2007 this means a basic period of 26 weeks and 16
weeks of additional maternity leave. If she satisfies the PRSI requirements, Maternity Benefit is
payable for the 26 weeks of the basic maternity leave. To apply for Maternity Benefit following
a stillbirth, she has to send a letter from your doctor with the Maternity Benefit application form,
confirming the expected date of birth, the actual date of birth and the number of weeks of
pregnancy.
In case of miscarriage leave is given for a period of 6 weeks with wage.

POSTPONING MATERNITY LEAVE

Section 7 of the Maternity Protection (Amendment) Act 2004 provides for postponement
of maternity leave in strict circumstances, like, if the baby is hospitalized. This right to postpone
leave applies whether the employee is on maternity leave, or on additional unpaid maternity
leave. Note, your employer has the right to refuse your application to postpone your maternity
leave. There are details about postponing maternity leave in 'Further information' below.
An employee may only request that maternity leave be postponed once 14 weeks'
maternity leave has been taken, 4 of which must have been taken after the birth. (This provision
does not apply to fathers who are on maternity leave).
If there is postponement of maternity leave and return to work, than employee may take
leave in one block, not later than 7 days after the child has been discharged from hospital.
Employer may request a letter from the hospital confirming the child has been hospitalized and
following discharge, a letter confirming the date of discharge.
If there is postponement of maternity leave and return to employment, than employee
need to notify the Department of Social Protection of this. Employee must notify them in writing
that the child has been hospitalized and she has returned to employment. A letter from the family
doctor/hospital is required to confirm to the Department that the child has been discharged from
hospital and her maternity benefit should resume. Employees Personal Public Service Number
(PPS) Number should be clearly identified on all documents which is send to the Department.
An employee may only apply to postponement of maternity leave only if the baby has
been hospitalized not if the child is simply unwell.
If the child falls ill and is hospitalised, and the employee has availed of at least 14 weeks
maternity leave with not less than 4 of those weeks being after the week of the birth, then she
may apply to have the remaining maternity leave, and up to 12 weeks additional maternity leave,
postponed until the child is released from hospital.

RETURNING TO WORK
Under Section 26 of the Maternity Protection Act 1994 employee is entitled to return to
work to the same job with the same contract of employment.
Section 27 of the Act states that if it is not reasonably practicable for the employer to
allow the employee to return to job, then they must provide the employee with suitable
alternative work. This new position should not be on terms substantially less favorable than those
of your previous job.
Employees are entitled to be treated as if she had been at work during her maternity
leave. The employment conditions cannot be worsened by the fact the taken maternity leave, and
if pay or other conditions have improved while employee have been on maternity leave then she
is entitled to these benefits when she return to work.
PRSI contributions: you will automatically be awarded PRSI credits while you are getting
Maternity Benefit. If you avail of unpaid additional maternity leave you must get your employer
to complete an application form for maternity leave credits after you return to work.
If the employee is breastfeeding she may be entitled to some time off or a reduction in
hours without loss of pay for up to 26 weeks after the birth.
If employee decides not to return to work after the period of maternity leave, then the
employee has to give a notice to the employer in usual manner.

CONCLUSION
Maternity leave does not reduce annual leave days nor affect monthly pay. Excess days
arising from illness as a result of delivery are also granted at no cost or effect to the employee as
provided for under law.
Maternity leave is special as it excludes access to any other leave available. One cannot
be stopped from taking it even if you have no leave days or have already been on leave. Its the
only leave that is purely exclusive. However, maternity leave can only be taken by an employee
who has completed at least two years of continuous service with her employer.
Since 1 March 2007, a lady is entitled to 26 weeks maternity leave together with 16
weeks additional unpaid maternity leave. Under the Maternity Protection (Amendment) Act
2004 at least 2 weeks have to be taken before the end of the week of baby's expected birth and at
least 4 weeks after. The lady can decide how she would like to take the remaining weeks.
Generally, employees take 2 weeks before the birth and the remaining weeks after. If the lady is
qualify for Maternity Benefit at least 2 and no more than 16 weeks must be taken before the end
of the week the baby is due.