Maternity benefit vs maternity leave

Cmuwan

Hi!
I know I should probably go to a solicitor to ask- but does anyone know if I can take maternity leave (act 1994 states you can start whenever you want as long as 4weeka are after birth, ie 22of the 26weeks can be taken before birth) before I apply for maternity benefit which is only able to be taken from 16 weeks before due date. I know that the 6week difference would be unpaid which I am prepared to take but I am wondering would taking the leave before benefit disqualify me from getting the benefit? Since telling my employer that I am
Pregnant they have asked me to resign, demoted my computer privileges, they make jokes about me having pregnancy brain making me out to be a lier accusingly off all sorts, they told me that my job of 5 years won't be there for me when I come back (which I'm not bothered about as I wasn't planning on returning anyways) but I feel very bullied right now. They have asked me to leave sooner rather then later which I'm happy to do but need the 26weeks state benefit to tide me over until after Christmas so I can't resign.... Sorry for the long post but just wondering about some clarification between maternity leave and maternity benefit.
Thanks

Borzoi

Cmuwan wrote: »

Hi!
I know I should probably go to a solicitor to ask- but does anyone know if I can take maternity leave (act 1994 states you can start whenever you want as long as 4weeka are after birth, ie 22of the 26weeks can be taken before birth) before I apply for maternity benefit which is only able to be taken from 16 weeks before due date. I know that the 6week difference would be unpaid which I am prepared to take but I am wondering would taking the leave before benefit disqualify me from getting the benefit? Since telling my employer that I am
Pregnant they have asked me to resign, demoted my computer privileges, they make jokes about me having pregnancy brain making me out to be a lier accusingly off all sorts, they told me that my job of 5 years won't be there for me when I come back (which I'm not bothered about as I wasn't planning on returning anyways) but I feel very bullied right now. They have asked me to leave sooner rather then later which I'm happy to do but need the 26weeks state benefit to tide me over until after Christmas so I can't resign.... Sorry for the long post but just wondering about some clarification between maternity leave and maternity benefit.
Thanks

Get the solicitor. Your employer has already broken employment law imho.

seamus

Contact NERA and a solicitor.

Your employer cannot force you or ask you to resign because of pregnancy, and they are legally required to provide you with a job when you return from maternity leave, or pay you redundancy. They are clearly bullying you in the hope that you'll leave.

On maternity leave - you can only take 16 of the 26 weeks before the baby is due. You're probably getting confused in that the minimum you must take after the birth is 4 weeks, but that doesn't mean you can take 22 weeks before the birth. You don't have to take the full 26 weeks, but you must take a minimum of 2 before and 4 after the birth.

Maternity benefit will be paid out for the duration of your maternity leave provided that you apply for the benefit 6 weeks in advance of the start of your maternity leave.

But that's kind of secondary to your issue. Don't leave. What your employer is doing is highly illegal. Get yourself a solicitor.

mrsbyrne

Are you in Ireland OP?

Cmuwan

mrsbyrne wrote: »

Are you in Ireland OP?

Yes I'm in dublin

cee_jay

OP I am moving your thread to Work Problems (with a redirect from here). I think you will receive more relevant advice in that forum