A recent WRC case, McGrath -v- Net Smart Security Limited, highlighted some common pitfalls for employers dealing with maternity and other types of family leave in the workplace. The Employment Team at EY Law Ireland have pulled together a useful round up of family leave entitlements in Ireland. 
 

What happened in McGrath v Net Smart Security Limited?

The Complainant filed a number of complaints 1 with the Workplace Relations Commission following issues that arose both during her pregnancy and after periods of maternity and parental leave. The Adjudicator found that the Complainant was discriminated against on the gender and family status grounds, awarding €50,000 in compensation (almost 2 years’ salary), emphasising the need to ensure that there is a dissuasive effect with regard to the employer.

What were the issues that arose?

Matters complained of included that:

•    The Complainant was not paid for ante-natal appointments.
•    The Complainant experienced difficulties with her manager after informing her of the pregnancy.
•    No risk assessment was conducted by the employer following notification of the Complainant’s pregnancy.
•    The Complainant was refused a request for part-time hours post maternity/parental leave. 

Is an employee entitled to paid time off for pregnancy-related appointments? 

Yes. Pregnant employees, or those who have given birth in the last 14 weeks are entitled to paid time off to attend ante/post-natal appointments. There is no limit placed on the number of appointments, although employees are required to give at least 2 weeks’ notice before the relevant appointment(s).

Must an employer conduct a risk assessment for every pregnant employee?

As per the Safety, Health and Welfare at Work Act 2005, employers must conduct a risk assessment as part of their Safety Statement. That risk assessment should identify any hazards, which may present a risk during pregnancy. In addition, according to the Safety, Health and Welfare at Work (General Application) Regulations 2007 once an employer becomes aware that an employee is pregnant, they must assess any risk to the safety or health of employees and any possible effect on the pregnancy of, or breastfeeding by, employees, resulting from any activity at that employer's place of work likely to involve a risk of exposure to certain agents, processes or working conditions. 2

Where risks are identified that cannot be eliminated, and alternative work is not available, an employee should be placed on “health and safety leave”.

The McGrath case talks about maternity leave and parental leave? What’s the difference and what other types of family leave are available?

At present, in Ireland, there are a number of different types of “family leave” including: 3

Unless specified in the relevant contract of employment/policy, or implied by custom/practice, employers are not obliged to pay employees during periods of family leave (although many do offer paid leave or “top up” during such periods (excluding parental leave) as an employment benefit). Typically, State benefit will be available for eligible employees with sufficient PRSI contributions when taking maternity/paternity/parents/adoptive leave.

Is an employee entitled to change their hours after maternity or parental leave?

There are a number of options available to employees seeking to vary their working hours, including:

Section 15A of the Parents Leave Act 1998 (as amended) grants employees the right to request changes to their working hours or patterns for a set period after returning from parental leave. 

The Work Life Balance and Miscellaneous Provisions Act 2023 provides parents and other specified persons with a right to request flexible working.

The duty imposed on employers to provide reasonable accommodation under Section 16 of the Employment Equality Acts 1998-2015 may require employers to implement  revised, or adapted hours, as a result of a pregnancy related (or other) disability.

Each of these situations will need to be assessed on their own facts and considered by an employer in line with their obligations under the relevant legislation.