STATUTORY INSTRUMENT

S.I. No. 51 of 2006

Maternity Protection Act 1994 (Extension of Periods of Leave) Order 2006

WHEREAS it is enacted by subsection (2) of section 8 (as amended by section 2 of the section 10 of the Maternity Protection (Amendment) Act 2004 ) of the Maternity Protection Act 1994 that the Minister for Justice, Equality and Law Reform may by order, made with the consent of the Minister for Social and Family Affairs and the consent of the Minister for Finance, amend subsection (1) of the said section 8 (as so amended) and subsections (1) and (4) of the said section 16 (as so amended) so as to extend the periods mentioned in those subsections:

AND WHEREAS it is further enacted by subsection (6) of section 14 (as amended by section 5 of the Maternity Protection (Amendment) Act 2004 ) of the Maternity Protection Act 1994 that the Minister for Justice, Equality and Law Reform may by order amend subsection (1) of the said section 14 (as so amended) so as to extend the period mentioned in that subsection:

AND WHEREAS it is further enacted by section 3(4) of the Maternity Protection Act 1994 that where an order is proposed to be made under that Act (other than an order under section 1 thereof), a draft of the order shall be laid before both Houses of the Oireachtas, and the order shall not be made until a resolution approving the draft has been passed by each such House:

AND WHEREAS a draft of the following Order has been laid before both Houses of the Oireachtas and a resolution approving the draft has been passed by each such House:

NOW I, Michael McDowell, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by sections 8(2), 14(6) and 16(8) of the Maternity Protection Act 1994 (No. 34 of 1994) (as amended by the Maternity Protection (Amendment) Act 2004 (No. 28 of 2004)) and with the consent of the Minister for Social and Family Affairs and the consent of the Minister for Finance insofar as the said sections 8(2) and 16(8) are concerned, order as follows:

1.       This Order may be cited as the Maternity Protection Act 1994 (Extension of Periods of Leave) Order 2006.

2.       (1)       Subject to paragraphs (2) and (3) of this Article, this Order (other than Articles 8 to 11 thereof) comes into operation on 1 February 2006.

(2)       (a)        Articles 4 and 5 of this Order apply in respect of a pregnant employee who commences maternity leave at any time not less than 4 weeks after the date specified in paragraph (1) of this Article.

(b)        Article 6 of this Order applies in respect of an employee who commences additional maternity leave at any time not less than 4 weeks after the date specified in paragraph (1) of this Article.

(c)        Article 7(a) of this Order applies in respect of a man who commences leave from his employment under section 16(1) (as amended by section 10(a) of the Act of 2004) of the Act of 1994 at any time after the date specified in paragraph (1) of this Article.

(d)        (i)        Subject to clause (ii) of this subparagraph, Article 7(b) of this Order applies in respect of a man who commences leave from his employment under section 16(4) (as amended by section 10(b) of the Act of 2004) of the Act of 1994 at any time not less than 4 weeks after the date specified in paragraph (1) of this Article.

(ii)       Article 7(b) of this Order applies in respect of a man who commences leave from his employment under subsection (1)(a) of section 16 (as amended by section 10 of the Act of 2004) of the Act of 1994 at any time after the date specified in paragraph (1) of this Article and who gives notification under subsection (5) of the said section 16 (as so amended) at the same time as he gives notification under subsection (2)(a) thereof.

(3)       (a)        Articles 4 to 7 of this Order do not apply in respect of an employee who -

(i)        at any time prior to the relevant date, postpones the leave concerned in accordance with section 14B (inserted by section 7 of the Act of 2004) or 16B (inserted by section 12 of the Act of 2004), as the case may be, of the Act of 1994, and

(ii)       by reason only of that postponement, resumes or commences the leave concerned after the relevant date.

(b)        In this paragraph -�the relevant date-� means -

(i)       1 February 2006, in respect of leave from a man's employment under -

(I)       subsection (1) of section 16 (as amended by section 10 of the Act of 2004) of the Act of 1994, or

(II)     subsection (4) of the said section 16 (as so amended) where he gives notification under subsection (5) of that section at the same time as he gives notification under subsection (2)(a) thereof, and

(ii)       1 March 2006, in respect of maternity leave, additional maternity leave or leave under subsection (4) of the said section 16 (as so amended) other than in a case falling under subclause (II) of clause (i) of this subparagraph.

(4)       Subject to paragraphs (5) and (6) of this Article, Articles 8 to 11 of this Order come into operation on 1 February 2007.

(5)       (a)        Articles 8 and 9 of this Order apply in respect of a pregnant employee who commences maternity leave at any time not less than 4 weeks after the commencement of those Articles.

(b)        Article 10 of this Order applies in respect of an employee who commences additional maternity leave at any time not less than 4 weeks after the commencement of that Article.

(c)        Paragraph (a) of Article 11 of this Order applies in respect of a man who commences leave from his employment under section 16(1) (as amended by section 10(a) of the Act of 2004) of the Act of 1994 at any time after the commencement of that Article.

(d)        (i)        Subject to clause (ii) of this subparagraph, paragraph (b) of Article 11 of this Order applies in respect of a man who commences leave from his employment under section 16(4) (as amended by section 10(b) of the Act of 2004) of the Act of 1994 at any time not less than 4 weeks after the commencement of that Article.

(ii)       Paragraph (b) of Article 11 of this Order applies in respect of a man who commences leave from his employment under subsection (1)(a) of section 16 (as amended by section 10 of the Act of 2004) of the Act of 1994 at any time after the commencement of that Article and who gives notification under subsection (5) of the said section 16 (as so amended) at the same time as he gives notification under subsection (2)(a) thereof.

(6)       (a)        Articles 8 to 11 of this Order do not apply in respect of an employee who -

(i)       at any time prior to the relevant date, postpones the leave concerned in accordance with section 14B (inserted by section 7 of the Act of 2004) or 16B (inserted by section 12 of the Act of 2004), as the case may be, of the Act of 1994, and

(ii)       by reason only of that postponement, resumes or commences the leave concerned after the relevant date.

(b)        In this paragraph -�the relevant date-� means -

(i)       1 February 2007, in respect of leave from a man's employment under -

(I)       subsection (1) of section 16 (as amended by section 10 of the Act of 2004) of the Act of 1994, or

(II)     subsection (4) of the said section 16 (as so amended) where he gives notification under subsection (5) of that section at the same time as he gives notification under subsection (2)(a) thereof, and

(ii)       1 March 2007, in respect of maternity leave, additional maternity leave or leave under subsection (4) of the said-section 16 (as so amended) other than in a case falling under subclause (II) of clause (i) of this subparagraph.

3.       In this Order -

-�Act of 1994-� means the Maternity Protection Act 1994 (No. 34 of 1994);

-�Act of 2004-� means the Maternity Protection (Amendment) Act 2004 (No. 28 of 2004).

4.       Subsection (1) of section 8 (as amended by section 2 of the Act of 2004) of the Act of 1994 is amended -

(a)        in paragraph (a), by substituting -�22 consecutive weeks-� for -�18 consecutive weeks-�, and

(b)        in paragraph (b), by substituting -�22 weeks-� for -�18 weeks-�.

5.       Subsection (2) of section 13 (as amended by section 4 of the Act of 2004) of the Act of 1994 is amended -

(a)        in paragraph (a), by substituting -�22 consecutive weeks-� for -�18 consecutive weeks-�, and

(b)        in paragraph (b), by substituting -�22 weeks-� for -�18 weeks-�.

6.       Subsection (1) of section 14 (as amended by section 5 of the Act of 2004) of the Act of 1994 is amended -

(a)        in paragraph (a), by substituting -�12 consecutive weeks-� for -�8 consecutive weeks-�, and

(b)        in paragraph (b), by substituting -�12 weeks-� for -�8 weeks-�.

7.       Section 16 (as amended by section 10 of the Act of 2004) of the Act of 1994 is amended -

(a)        in subsection (1), by substituting -�thirty-second week-� for -�twenty-fourth week-� in each place where it occurs and substituting -�twentieth week-� for -�sixteenth week-� in each place where it occurs, and

(b)        in subsection (4) -

(i)          in paragraph (a), by substituting -�12 consecutive weeks-� for -�8 consecutive weeks-�, and

(ii)         in paragraph (b), by substituting -�12 weeks-� for -�8 weeks-�.

8.       Subsection (1) of section 8 (as amended by section 2 of the Act of 2004) of the Act of 1994 is amended -

(a)        in paragraph (a), by substituting -�26 consecutive weeks-� for -�22 consecutive weeks-�, and

(b)        in paragraph (b), by substituting -�26 weeks-� for -�22 weeks-�.

9.       Subsection (2) of section 13 (as amended by section 4 of the Act of 2004) of the Act of 1994 is amended -

(a)        in paragraph (a), by substituting -�26 consecutive weeks-� for -�22 consecutive weeks-�, and

(b)        in paragraph (b), by substituting -�26 weeks-� for -�22 weeks-�.

10.       Subsection (1) of section 14 (as amended by section 5 of the Act of 2004) of the Act of 1994 is amended -

(a)        in paragraph (a), by substituting -�16 consecutive weeks-� for -�12 consecutive weeks-�, and

(b)        in paragraph (b), by substituting -�16 weeks-� for -�12 weeks-�.

11.       Section 16 (as amended by section 10 of the Act of 2004) of the Act of 1994 is amended -

(a)        in subsection (1), by substituting -�fortieth week-� for -�thirty-second week-� in each place where it occurs and substituting -�twenty-fourth week-� for -�twentieth week-� in each place where it occurs, and

(b)        in subsection (4) -

(i)       in paragraph (a), by substituting -�16 consecutive weeks-� for -�12 consecutive weeks-�, and

(ii)       in paragraph (b), by substituting -�16 weeks-� for -�12 weeks-�.

The Minister for Social and Family Affairs consents to the foregoing Order (other than Articles 6 and 10 thereof).

The Minister for Finance consents to the foregoing Order (other than Articles 6 and 10 thereof).

EXPLANATORY NOTE

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

This Order extends the periods of maternity leave under the Maternity Protection Act 1994.