S.I. No. 19/1995 -- Maternity Protection (Health and Safety Leave Certification) Regulations, 1995.

S.I. No. 19/1995 -- Maternity Protection (Health and Safety Leave Certification) Regulations, 1995. 1995 19

S.I. No. 19/1995:

MATERNITY PROTECTION (HEALTH AND SAFETY LEAVE CERTIFICATION) REGULATIONS, 1995.

I, MERVYN TAYLOR, Minister for Equality and Law Reform, after consultation with the Minister for Finance, the Minister for Social Welfare and the Minister for Enterprise and Employment, in exercise of the powers conferred on me by section 18 (2) of the Maternity Protection Act, 1994 (No. 34 of 1994), hereby make the following Regulations:

1. These Regulations may be cited as the Maternity Protection (Health and Safety Leave Certification) Regulations, 1995 and shall come into operation on the 30th day of January, 1995.

2. The Certificate which an employee is entitled to receive, on request of her employer, under section 18 (2) of the Maternity Protection Act, 1994 shall be in the form set out in the Schedule to these Regulations ("the Scheduled form") or in a form substantially to the like effect which contains--

( a ) the appropriate information referred to in the Scheduled form; and

( b ) such certification, declaration and undertaking as are required by the Scheduled form.

SCHEDULE

CERTIFICATE OF RISK, NON-FEASIBILITY OF PROVIDING OTHER WORK AND GRANT OF LEAVE ON HEALTH AND SAFETY GROUNDS

Maternity Protection Act, 1994

I EMPLOYEE DETAILS

Name:

		Figures	Letters
Name:...........................................	RSI Number:	\|__\|__\|__\|__\|__\|__\|__\|	\|__\|__\|

Employee's Occupation:.....................

The employee named above has notified me that:

she is pregnant	□	}
she has recently given birth	□	}	tick as appropriate
she is breastfeeding	□

Is employee employed under a

fixed-term contract?

Yes □

No □


If 'Yes' state date contract ends	\|_____\|_____\|_____\|

II CERTIFICATION OF RISK

Please complete either (a)-- workplace risk or (b) nightwork risk

( a ) The following risk(s) to the employee named above has/have been identified arising from a risk assessment undertaken in accordance with Regulations under the Safety, Health and Welfare at Work Act, 1989 .

List risk(s) ............................................................ ................................................

............................................................ ............................................................ ........................................................

Specify the reasons why it is not possible to eliminate the risk(s):

............................................................ ............................................................ ........................................................

( b ) The employee named above is required to perform nightwork (i.e. work between the hours of 11 pm and 6 am where the employee normally works at least three hours in the said period or at least 25% of her monthly working time in that period) and the medical registered practitioner named below has certified that the performance of night work poses a risk to the employee's health/safety and furthermore it is not feasible to transfer the employee to daywork.

Name of medical registered practitioner: ............................................................ ............................................

III CERTIFICATION OF NON-FEASIBILITY OF OTHER WORK AND THE GRANTING OF LEAVE

As a result of the risk(s) identified above and, arising from Regulations on Safety, Health and Welfare at Work (Pregnant Employees, etc.) ( S.I. No. 446 of 1994 ) and the Maternity Protection Act, 1994 for the reason(s) indicated as applying below the employee has been granted leave on health and safety grounds because

(i)	it is not technically or objectively feasible to move the employee	□	}	tick as appropriate
(ii)	such a move cannot be required on duly substantiated grounds	□	}	tick as appropriate
(iii)	the other work proposed for the employee is not suitable for her	□

IV SUPPLEMENTARY INFORMATION

Date of commencement of leave on health and safety grounds

Date:	Day Month Year	Expected duration of leave (in weeks):........................................
\|_____\|_____\|_____\|

Expected date or date of confinement as appropriate	Day Month Year
\|______\|______\|______\|

Date of last day of 21 days health and safety leave during which payment by employer applies	Day Month Year
\|_____\|_____\|_____\|

V DECLARATION

I/We declare that the details I/we have given above are true and complete.

I/We undertake to inform the Department of Social Welfare immediately in the event of notifying the employee to return to work where:

--the risk to the employee no longer exists

--other work becomes available for the employee

Signed by or on behalf of Employer:	Company's Name:...........................
............................................................ .............................	Address:..........................................
Position:............................................................ .............	..........................................................

Day Month Year	............................................................ ......
Date: \|______\|______\|_____\|	Employer's Registered Number:...........
	Date............................ 19........
Telephone Number:............................................	EMPLOYER'S OFFICIAL STAMP

GIVEN under my Official Seal, this 30th day of January, 1995.

MERVYN TAYLOR,

Minister for Equality and Law

Reform.

EXPLANATORY NOTE.

These Regulations determine the form of the certificate to be issued by employers to employees who are pregnant, have recently given birth or who are breastfeeding where the granting of leave on health and safety grounds is deemed essential.

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Irish Statutory Instruments

S.I. No. 19/1995 -- Maternity Protection (Health and Safety Leave Certification) Regulations, 1995.