Stay ahead of the curve with our exclusive Q&A series, brought to you by leading law firm, A&L Goodbody LLP, designed to answer your most pressing legal questions. These expert insights provide clear guidance to ensure your HR practices remain compliant and protect your organisation.  

An employee has informed me that they are pregnant. What are the first things I should be aware of?
Once an employee notifies their manager that they are pregnant, it is important to ensure they are directed to the appropriate HR contact to discuss maternity leave arrangements, notification requirements and company policies. Employers should also consider whether any health and safety risks arise in the employee's role and review workplace risk assessments where necessary.

Employees are entitled to 26 weeks’ maternity leave and up to a further 16 weeks’ additional maternity leave. This is a statutory entitlement, which applies to full-time, casual or part-time employment and is irrespective of the length of service of the employee.

Pregnant employees are entitled to paid time off to attend ante natal appointments, subject to providing notice to their employer. Requests for time off to attend these appointments cannot be unreasonably refused. 

So aside from this, I should treat the employee as normal?
Employees who are pregnant benefit from enhanced protection under the Employment Equality Acts 1998 to 2011 (EEA). Less favourable treatment because an employee is pregnant or on maternity leave may amount to unlawful discrimination under Section 6(2A) of the EEA.

Employers should therefore exercise caution when making decisions regarding promotion opportunities, performance management, disciplinary processes, workplace changes or termination of employment involving a pregnant employee. 

My business is undergoing a restructuring, but we have an employee on maternity leave. Should I just leave them alone, since they are on protected leave?
A common mistake is to leave employees on maternity leave out of workplace developments because they are absent from work. Employees on maternity leave should generally be kept informed about significant workplace developments that affect them.

Where a restructuring or consultation process is taking place, the employee should be informed and given the opportunity to participate should they wish. Employees on maternity leave should be considered for suitable alternative roles and should not be automatically excluded from redundancy consultations or organisational changes simply because they are absent from the workplace. 

An employee cannot be dismissed while on maternity leave or additional maternity leave. If their role is placed at risk of redundancy during their maternity leave, (and remains so upon their return), the role may be made redundant on their return to work.  If this arises, we recommend that employers seek legal advice on the specific circumstances. 

How should I engage with an employee on maternity leave? 
Reasonable contact with an employee on maternity leave is generally acceptable and often necessary. For example, during maternity leave, employers may need to communicate about workplace updates, promotion opportunities, or return-to-work arrangements.

There is no statutory requirement to hold a return-to-work meeting. However, from an employee relations perspective, early engagement is recommended.

Many employers choose to contact employees several weeks before their return date to discuss practical arrangements, workplace developments and any support they may need. This can help both parties manage expectations and make the transition back to work smoother.

Employees returning from maternity leave should be updated on any significant changes that occurred during their absence and supported in reintegrating into the workplace.

An employee has informed me that they are unwell while on maternity leave and has asked whether they can defer maternity leave. Is this possible?
The Maternity Protection Acts contain provisions allowing the postponement of maternity leave in certain circumstances, where an employee requires medical treatment for a serious health condition and specific statutory criteria are satisfied. In such circumstances, maternity leave may be postponed for a period of between five and 52 weeks.

Whether a postponement of statutory maternity leave is available will depend on the employee’s specific medical circumstances and whether the statutory requirements have been satisfied.

If the statutory criteria for postponement are not met, employers may still wish to consider alternative ways of supporting the employee. Given the complexity of this area, employers should seek advice before agreeing to any variation of maternity leave arrangements.

An employee returning from maternity leave has asked about breastfeeding accommodations. What are my obligations?
The Maternity Protection Act provides statutory protections for employees who are breastfeeding following their return to work.

Subject to the relevant statutory requirements, employees may be entitled to breastfeeding breaks (of up to one hour per working day) or, where suitable facilities are not available in the workplace, a reduction in working hours without loss of pay, for up to two years after the birth.

For further information in relation to this topic, please contact any member of the ALG Employment team.

A&L Goodbody LLP
Telephone: +35316492000 
Website: www.algoodbody.com