Original Inquiry: “Currently, I’m enjoying my maternity leave and I’m set to resume duty in May, exactly a year after I left. Is there a chance that I can immediately apply for another maternity leave after this term ends? Do I need to allow a particular period before starting upon baby number two or am I qualified for maternity leave irrespective of my rejoining time?”
Reply: There doesn’t exist a legal requirement dictating the timing or repetition of maternity leaves in our country, though experts in HR tend to advise against back-to-back maternity leaves. In response to the question of legitimacy of taking a subsequent maternity leave immediately after the first, the answer is affirmative, states Damien McCarthy, the founder and CEO of HR Buddy, a consultancy firm.
Answering workplace-related questions: What rights do I have if my boss has humiliated and verbally abused me? What’s my next course of action if my employee altered working hours without consent? Is it lawful for me to oppose my company’s reinforced work-from-home rules? I have ADHD and find working from home more manageable. However, I often feel isolated in the office as nobody interacts with me.
Regardless of your employment status, either full-time or part-time, if you fall pregnant, you’re entitled to a 26-week maternity leave with no restrictions on taking consecutive leaves, explains McCarthy. Though employers aren’t obliged to financially support women on maternity leave, if you have adequate PRSI contributions, you’re eligible for the Maternity Benefit for the basic 26-week leave period. In addition, you can opt for an extra 16-week unpaid maternity leave.
Nevertheless, he recommends the individual to examine their employment agreement or company staff handbook to see if there is an entitlement to top-up payments during their leave, which would match their usual pay. McCarthy notes that this may play a significant role in making the decision to take a second maternity leave shortly after the first, as indicated by the individual. Having top-up payments could make this decision economically more feasible if that is the individual’s preference.
Readers who desire to go on an immediate second maternity leave after the initial one need to provide their employer with a written notice of at least four weeks, alongside a document confirming their pregnancy from a healthcare professional. According to independent HR professional, Michelle Halloran from Halloran HR Resolutions, it’s seldom seen that women opt for back-to-back maternity leaves, since a brief pause is usually required.
Even so, it is completely within the legal bounds to do so. If enhanced maternity advantages such as augmented payments from the employer to match standard pay are present, certain rules and regulations may outline the timing and frequency required to be eligible. As per law, being pregnant permits you the right to maternity leave. Halloran advises, however, that it might be challenging from a career standpoint to be absent from work for a couple of years.
Significant changes might have occurred during the two-year break, potentially making the transition back to work slightly more difficult. If maintaining a career while simultaneously raising a family is a consideration, spacing out maternity leaves may be beneficial, although ultimately, it’s entirely the person’s decision.
On the topic of taking two consecutive maternity leaves, Halloran states that while this might not favour the progression of one’s career and employers may express displeasure, they cannot object to it. They might not appreciate the lengthy absence, but prejudices cannot be addressed by legislation, she adds.