Maternity and Paternity Leave

Parental Leave

PART A

It is obvious that a woman needs special care during the period of her pregnancy and she could not work to the full potential at this crucial period of her life. It is the right of employed women to be granted with additional paid leaves for the purpose of maternity. It has been observed that the rights and entitlement of employed women are found In the Maternity Protection Act 1994 and the Maternity Protection (Amendment) Act 2004. These two legislations provide very clear rights for employed woman. It has been observed that employed women are entitled to take maternity leaves two weeks before the beginning of the week in which the birth of the child is expected under the Maternity Protection (Amendment) Act 2004.

Gender Discrimination

The element of gender discrimination could not be neglected here, as there are significant differences in constitutional provisions regarding maternity leaves. The most significant difference occurs, perhaps, in terms of period of leave entitlement to mothers and fathers. While mothers are, for instance, entitled to up to 52 weeks of leave for each pregnancy, fathers are allowed to take time off the work for only up to 26 weeks. Hence, it can be safely argued that constitutional provisions in UK for maternity leave are based upon differential and discriminatory treatment. It is pertinent to mention here that not all the differential treatment amount to unlawful discrimination in light of both national and international legal instruments.

Payment During Maternity Leave

Payment during the maternity leaves is commonly dependent on the contract terms and conditions which the employees agree and sign when are employed in the organization. The managers or the organization management is not legally required to reimburse the women or in other words keep them on pay during their specified maternity leave time period. An individual can also qualify for the benefits from the Maternity Benefit that is a part of the Department of Social Protection Payment, once the woman possesses enough contributions from the PRSI.

Extra maternity leave

From the 1st of the March of the year 2007, women are legally permitted to take up to an additional 16 week leave for maternity. However, it is a fact that this particular time frame does not get covered by the Maternity Benefit and neither the management nor the organization is required to keep paying the employee until there are already conditions set up and agreed to by both the employee and the employer in the original joining contract. Once the employer agree, the woman is no longer qualified to avail the Maternity Benefit or count the remaining off days as part of the maternity leave, instead they get counted as sick leave making the woman eligible to receive the Illness Benefit.

Detriment Right

An employee has the right to not suffer by any failure to act by her employer because she is on maternity leave due to pregnancy. A woman is protected from when pregnancy begins until the end of maternity leave and she is also protected from direct ...