STATUTORY INSTRUMENTS.

S.I. No. 653 of 2004 .

MATERNITY PROTECTION (TIME OFF FOR ANTE-NATAL CLASSES) REGULATIONS 2004.

S.I. No. 653 of 2004 .

MATERNITY PROTECTION (TIME OFF FOR ANTE-NATAL CLASSES) REGULATIONS 2004.

I, MICHAEL McDOWELL T.D., Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 15A (inserted by section 8 of the Maternity Protection (Amendment) Act 2004 (No. 28 of 2004)) of the Maternity Protection Act 1994 (No. 34 of 1994) and the Equality and Law Reform (Transfer of Departmental Administration and Ministerial Functions) Order ( S.I. No. 297 of 1997 ) (as adapted by the Justice (Alteration of Name of Department and Title of Minister) Order 1997 ( S.I. No. 298 of 1997 )), hereby make the following regulations:

1. (1) These Regulations may be cited as the Maternity Protection (Time off for Ante-Natal Classes) Regulations 2004.

(2) These Regulations shall come into operation on 18 October 2004.

2. In these Regulations “Principal Act” means Maternity Protection Act 1994 ( No. 34 of 1994 ).

3. (1) Subject to Regulation 4 of these Regulations, a pregnant employee to whom section 15A(1) of the Principal Act applies shall be entitled to such time off from her work, without loss of pay, as is necessary for the purpose of attending one set of ante-natal classes (other than the last 3 classes in such a set).

(2) Subject to Regulation 4 of these Regulations, an expectant father of a child to whom section 15A(2) of the Principal Act applies shall be entitled once only to such time off from his work, without loss of pay, as is necessary for the purpose of attending the last 2 ante-natal classes in a set of such classes attended by the expectant mother of their child before the birth of the child.

4. (1) Entitlement to time off from work shall be subject to a pregnant employee to whom section 15A(1) of the Principal Act applies, or an expectant father of a child to whom section 15A(2) of the Principal Act applies, having--

(a) notified her or his employer in writing of the dates and times of the classes, or the date and time of each class, to which the time off will relate as soon as practicable and in any event not later than 2 weeks before the date of the first class, or the class concerned, as the case may be, and

(b) produced for her or his employer’s inspection, if so requested by the employer, an appropriate document indicating the dates and times of the classes or the date and time of the class concerned.

(2) Where the circumstances are such that, in the case of a particular class, non-compliance by the pregnant employee or the expectant father with paragraph (1) of this Regulation is not due to her or his neglect or default in relation to attendance at the class, she or he shall be deemed to have complied with the requirements of that paragraph if, not later than 1 week after the date of the class concerned, she or he furnishes her or his employer with evidence of her or him having attended the class and an indication of the circumstances which occasioned the non-compliance.

5. Subject to Regulation 4 of these Regulations, if a pregnant employee to whom section 15A(1) of the Principal Act applies is unable to attend one full set of ante-natal classes (other than the last 3 classes in such a set) during a pregnancy due to circumstances beyond her control, including miscarriage, the premature birth of the baby concerned or the illness of the employee, she shall be entitled during one or more subsequent pregnancies to such time off from her work, without loss of pay, as is necessary for her to attend the classes (other than the last 3 classes) in such a set not attended by her.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations set out the details of the general entitlement of employees to time off work without loss of pay for the purposes of attending ante-natal classes under section 8 of the Maternity Protection (Amendment) Act 2004 .