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Maternity Benefit and Redundancy

  • 12-05-2018 7:57pm
    #1
    Captain Obvious
    Registered Users, Registered Users 2 Posts: 4,165 ✭✭✭


    Everything I've read says a person can't be made redundant while on maternity leave. But what is the situation if the business closes while they are on maternity leave? Is the business supposed to wait until the employees maternity is over before serving them notice of redundancy?


Comments

  • #2
    splinter65
    Registered Users, Registered Users 2 Posts: 9,420 ✭✭✭splinter65


    Captain Obvious wrote: »
    Everything I've read says a person can't be made redundant while on maternity leave. But what is the situation if the business closes while they are on maternity leave? Is the business supposed to wait until the employees maternity is over before serving them notice of redundancy?

    No. Being on maternity leave is the same as if you were at work. You can be served with redundancy and you have the same rights as everyone else.


  • #3
    Captain Obvious
    Registered Users, Registered Users 2 Posts: 4,165 ✭✭✭Captain Obvious


    That was my understanding


  • #4
    Xterminator
    Registered Users, Registered Users 2 Posts: 4,782 ✭✭✭Xterminator


    the citizens information website begs to differ

    Can I be made redundant if I am on maternity leave?
    No, you may not be made redundant while on maternity leave or additional maternity leave. You may be made redundant when you return to work or while you are pregnant before you go on maternity leave. However if you are selected for redundancy because you are pregnant, you may qualify to bring a claim for unfair dismissal. Selection for redundancy based on certain grounds such as pregnancy is considered unfair under the unfair dismissals legislation.

    source http://www.citizensinformation.ie/en/employment/unemployment_and_redundancy/redundancy/frequently_asked_questions_about_redundancy.html


  • #5
    Captain Obvious
    Registered Users, Registered Users 2 Posts: 4,165 ✭✭✭Captain Obvious


    Xterminator wrote: »
    the citizens information website begs to differ




    source http://www.citizensinformation.ie/en/employment/unemployment_and_redundancy/redundancy/frequently_asked_questions_about_redundancy.html


    But that's not really logical if there is no business to return to. So, assuming notice is served on return from maternity, is the employee supposed to get six week wages for doing no work and then get their redundancy?


  • #6
    splinter65
    Registered Users, Registered Users 2 Posts: 9,420 ✭✭✭splinter65


    Captain Obvious wrote: »
    But that's not really logical if there is no business to return to. So, assuming notice is served on return from maternity, is the employee supposed to get six week wages for doing no work and then get their redundancy?

    If the business closes while an employee is on maternity leave as appears to be the case in the OP then they will be made redundant at the end of the maternity leave and their maternity leave will count towards duration of service as if they were an employee.
    What do you mean by 6 weeks doing no work?


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  • #7
    Captain Obvious
    Registered Users, Registered Users 2 Posts: 4,165 ✭✭✭Captain Obvious


    Is it not 6 weeks notice required for redundancy?


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