1.    Purpose

The purpose of this policy is to provide time off for female employees, who are pregnant, have recently given birth or who are breast feeding within certain limitations.  The policy also provides time off for male employees in the event of the death of the mother during, or shortly after, childbirth.

2.    Scope

This policy covers all employees of Agora Publishing Services Ireland (APSI) who are eligible for maternity leave.

3.    Associated Documents

The following documents are associated with this policy;

·       Confirmation of Maternity Leave Letter

4.    Service Requirements

The content of this policy applies to all employees of the Company including all employees employed on a fixed term contract. However, if the fixed term contract of employment ends in the normal course while employee is still on maternity leave, then the maternity leave ends on the last day of her contract of employment.

5.    Definition

The Maternity (Protection) Acts 1994 – 2004 provide protection to the following categories of employee:

• Pregnant employees.

• Employees who have given birth in the previous 14 weeks.

• Employees who have experienced a confinement occurring after the 24th week, even if it does not result in a live birth.

• Employees who are breastfeeding up to 2 years after giving birth.

An employed father is also entitled to certain leave in circumstances where the mother has died during the period of maternity leave or additional maternity leave. This leave will be granted in line with the relevant legislation and further information can be sought from the HR Department.

An employed father is also entitled to 2 weeks Paternity Leave which must commence within the first 26 weeks of the birth/adoption of a child which is unpaid by the company, but paid by the State. Details of this leave may be obtained from the HR Department.

7.    Paid Maternity Leave

An employee with less than one year’s service upon the birth of the child is not entitled to any top up payment from the company for their Maternity Leave.  

26 weeks of paid maternity leave will kick in on a phased basis from the date the employee reaches one year of service. Paid maternity leave will be calculated as follows:

·       1 - 2 years’ service with the company will entitle the employee to 60% of normal salary. This is calculated by adding the state benefit amount plus the company will provide a top-up payment which will equate to the value of 60% of that employee’s normal monthly salary.  i.e. State benefit figure + company top-up payment = 60% of normal monthly salary

·       2 – 5 years’ service with the company will entitle the employee to 70% of normal salary. This is calculated by adding the state benefit amount plus the company will provide a top-up payment which will equate to the value of 70% of that employee’s normal monthly salary.  i.e. State benefit figure + company top-up payment = 70% of normal monthly salary

·       5+ years’ service with the company will entitle the employee to 80% of normal salary. This is calculated by adding the state benefit amount plus the company will provide a top-up payment which will equate to the value of 80% of that employee’s normal monthly salary.  i.e. State benefit figure + company top-up payment = 80% of normal monthly salary

In the event the employee does not have enough PRSI stamps worked in order to gain from the State maternity pay, the company will still pay the relevant % salary less this amount.

Paid maternity leave will be paid to the employee monthly as per payroll. The company will continue to contribute towards the employee’s pension scheme and healthcare scheme. All outstanding monies owed by the employee such as BIK on healthcare, bike to work repayments etc. will continue to be deducted.

As a requirement of the paid maternity leave, when the employee is completing their maternity leave form (see section 11) they must choose the option for payment to be made directly to their employer. HR will require a photocopy of this form prior to submission to the Maternity Benefit Section.

Any additional maternity leave taken outside of the 26 weeks leave will be unpaid. The company can remove this paid maternity leave benefit as its’ absolute discretion, with one month’s notice.

At the end of the maternity leave period, any accrued vacation and public holidays will be added on to the end of the leave as per agreement with the employment from the outset when establishing the exact leave dates.

Payback of the percentage of salary paid by the company to the employee during their maternity leave is required as follows:

·       For those that resign and do not return after their maternity leave, 100% of the amount paid by the company to the employee during their maternity leave is required. Payback for those that resign within 3 months of returning to work following their maternity leave is also at 100% of the amount paid by the company to the employee during their maternity leave.

·       Payback for those that resign and leave within 6 months of their return to work following their maternity leave is at 50% of the amount paid by the company to the employee during their maternity leave. The form as per appendix 2 must be completed and signed by the employee prior to them commencing their maternity leave.

8.    Ante Natal and Post Natal Medical Care

Pregnant employees are entitled to paid time off for medical appointments related to the pregnancy. With the exception of the first antenatal care appointment, written notification must be given to your manager and HR with the date and time of the appointments at least two weeks in advance. You must be able to produce a certificate/ record that the visit took place. The Company requests that, where possible, the appointments are at the beginning or at the end of the working day.

·       In the case where the appointment at the start of the employee’s shift time / start time, they are entitled to this time off and allowed reasonable time to travel from the appointment. The employee is expected to return to work after the appointment.

·       In case where the appointment near the end of the employee’s shift time, they are entitled to this time off and allowed reasonable time to travel to the appointment. The employee is not expected to return to work after the appointment if it is past their usual finish time.

 Employees are asked to talk to their HR department if they have any queries regarding time off for appointments.

9.    Ante Natal Classes

Pregnant employees are entitled to paid time off to attend one complete set of ante-natal classes (except for last three classes). This is a once offentitlement.  Prospective fathers have a once off right to paid time off to attend the last two ante-natal classes with their pregnant partner before the birth. A prospective father must give written notification to his supervisor of his intention to avail of this time off at least two weeks in advance of the appointment together with proof of the appointment e.g. his partner’s appointment card.

10. Breastfeeding

Under The Work Life Balance and Miscellaneous Provisions Bill 2022 and Amendments to the Maternity Protection Act 1994, effective 3^rd July 2023 breastfeeding mothers who have returned to work are entitled to take a maximum of 1 hour per day, without loss of pay, as a breastfeeding break which may be taken in the form of:

·       One break of 60 minutes,

·       Two breaks of 30 minutes,

·       Three breaks of 20 minutes each, or such other periods as may be agreed.

Paid breastfeeding breaks may only be availed of until the child reaches the age of two years old. Part time employees are entitled to a pro rata benefit. You must advise your manager of your intention to take breast feeding breaks when you are advising the Company of your intention to return to work.

11. Application Process

An employee wishing to apply for Maternity Leave must follow the below process;

The employee must inform their Manager of their pregnancy as soon as it is reasonably practicable in order to ensure the employee’s work area is free from hazard.

A Maternity Benefit Form (MB10) can be obtained from the employee’s doctor’s office.

Once the employee obtains their due date from their doctor, they must provide this date to the HR department who will discuss the employee’s maternity dates with them.

A Maternity Leave Confirmation Letter will be drafted by HR confirming the maternity leave dates, including any Public Holiday entitlements and advising the employee of their requirements under the legislation.

All relevant information will be passed to payroll for processing by HR. 

An employee who wishes to avail of her entitlement to additional maternity leave must notify her supervisor, in writing, at least four weeks before the day on which her additional maternity leave is due to commence. Subject to the employer’s agreement a mother has the right to terminate unpaid additional leave in the event of her becoming ill and commencing sick leave.

12. Employment Rights

During an absence on maternity leave, an employee retains all employment rights with the exception of the right to remuneration and superannuation benefits. Absences from work due to additional maternity leave will also count for employment rights, such as service and annual leave but will not, however, include remuneration or superannuation benefits. Periods of probation, training or apprenticeships may be extended by the period of maternity leave, or additional maternity leave.

13. Health and Safety Leave

Health and safety leave may be provided to women who are pregnant, have recently given birth or are breast-feeding in certain circumstances.  Where a risk is established to a woman who fits into one of these categories, following a risk assessment carried out by the employer, the employer may:

 Put measures in place to remove the risk;

• Where this is not possible, the employer may offer the employee suitable alternative work;

• Where no suitable work is available, the employee may be granted health and safety leave.

An employee who is granted health and safety leave will be paid her usual wage for a period of three weeks.  A woman whose health and safety leave extends beyond 3 weeks (21 days) may be entitled to social welfare benefit, subject to her PRSI contributions.  (For further details, the Department of Social Welfare, health and safety benefit section, should be contacted).

If you become aware that you are no longer vulnerable to the risk for which you have been granted health and safety leave, you are obliged to inform the Company in writing of the fact, as early as reasonably practicable. Likewise, if a risk no longer exists, or if the Company is in a position to offer suitable alternative work, the Company will notify you in writing and the health and safety leave will expire seven days after receiving the notification to return to work.

14. Postponement of Maternity Leave and/or Additional Maternity Leave

A mother has the option of splitting or suspending, the period of maternity leave or additional maternity leave in the unfortunate event of the hospitalisation of the child. Maternity leave may only be postponed if the employee has taken at least 14 weeks’ maternity leave, 4 of which would have to be taken after the end of the week of confinement. The maximum period of postponement is six months.

You should request the postponement of the leave in writing as soon as possible. This request should also include a letter of confirmation from the hospital.

14. Returning to Work

Following maternity leave or additional maternity leave, an employee must provide written notification of her intention to return to work as early as possible but at least four weeks before her maternity leave, or additional maternity leave, is due to end.  This notification must include her return to work date.

Following maternity leave, or additional maternity leave, an employee will be entitled to return to the position held immediately prior to the leave or their usual position, in so far as is reasonably practicable. However, if this is not possible, the employee will be offered suitable alternative work.

www.welfare.ie.

16. Documentation

Application forms in respect of Maternity Leave may be obtained from your GP or online.

Appendix 1: Confirmation of Maternity Leave Letter

Employee Name

Employee Address           

 (Date)

Dear XX

Following on from our recent conversation I am writing to confirm your maternity leave dates.

Your maternity leave is due to commence on XXX and will end on XXXX. Please note that any Public Holidays which fall during your Maternity Leave will be applied at the end of your period of leave providing you with a return to work date of XXX. Under the terms and conditions of the Maternity Protection Acts, 1994 and 2004 you must provide the Company with written notification of your intention to return to work at least four weeks before the due date of your return to work.

As you are aware, an additional 16 weeks unpaid leave may be taken immediately following your Maternity Leave period. To be entitled to take additional Maternity Leave, you must again provide written confirmation of your intention, four weeks before the commencement of additional (unpaid) maternity leave.

Please note that your annual leave days will continue to accrue during your time out from the business on both Maternity Leave and Additional Maternity Leave. If you wish to take annual leave days before returning to work from Maternity Leave and/or Additional Maternity Leave, you must again provide written notification at least four weeks before your due return to work date.  

If you have any queries on the above, please contact me to discuss.

Kind regards,

_________________________

HR Manager

Appendix 2: Confirmation of Payback Scheme Acceptance Form

I ______________________ (employee name) confirm that I am aware of my entitlement based on my length of service with the company of   _________ (no. of years) and therefore am aware that I fall into the below bracket:

1 – 2 years = 60% of salary (comprised of state benefit and company top up payment to make 60% of salary)

2 – 5 years = 70% of salary (comprised of state benefit and company top up payment to make 70% of salary)

5+ years = 80% of salary (comprised of state benefit and company top up payment to make 80% of salary)

I also confirm that I am aware of the payback scheme in place should I:

a.     Not return to work or resign within 3 months of my returning from Maternity Leave, and therefore would have to pay back 100% of the monies paid to me by the company during my Maternity Leave.

b.     Leave within 6 months, of my returning from Maternity Leave, I would be required to pay back 50% of the monies paid to me by the company during my Maternity Leave.

I__________________ (employee name) confirm that I have read and agreed to the above and confirm that I have agreed to the pay back scheme in place as per the above.

Employee:

Print Name:      ________________________

Signed:             ________________________

Date:                ________________________

Company Representative:

Print Name:      ________________________

Signed:             ________________________

Date:                ________________________