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Redundancy while on Maternity Leave

  • 19-03-2023 10:56pm
    Registered Users Posts: 12,086 ✭✭✭✭

    What is the legal position regarding making a woman redundant while on Maternity Leave?


  • Registered Users Posts: 6,263 ✭✭✭alias no.9

    My rudementary understanding based on coming through a collective redundancy process a few years back is that anyone on maternity leave cannot be made redundant until the end of the maternity leave, so if the employer is topping up the statutory maternity benefit, they must continue to to so until the end of the maternity leave period and the calculation of years of service is from the end of the maternity period.

  • Registered Users Posts: 1,297 ✭✭✭Count Dracula

    She is entitled to her full maternity benefit, if applicable. If the redundancy is statutory she gets whatever that is.

    Why do you ask?

    Legally it makes no difference if the employee's position is being discontinued. There is scope for companies to manipulate how redundancies are perceived, but they will 100% require the cooperation of the redundant employee.

    If you are not permanent and on unpaid maternity leave you may not be entitled to a redundancy, they can terminate your employment in the first 2 years fairly handy.

  • Registered Users Posts: 6,130 ✭✭✭screamer

    I’m not 100% certain but it’s a very very grey area and unless they are making a whole department or company redundant, it’s a risky thing to do. I would say a complete no no.

  • Registered Users Posts: 3,558 ✭✭✭Breezy_

    Wrc hammering employers all the time for this.

    No shortage of scumbag employers out there.

  • Registered Users Posts: 12,086 ✭✭✭✭Gael23

    She’s on her 16 weeks unpaid leave after the initial 6 months if that makes a difference

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  • Registered Users Posts: 25,646 ✭✭✭✭Mrs OBumble

    Do you think it's genuine redundancy? Or is it a bad employer looking to get rid of her cos she had a kid?

  • Registered Users Posts: 86 ✭✭suilegorma

    I experienced this. Basically notice of redundancy couldn't be given until my return date. So if you can afford it, take the max leave as service, annual leave and bank holidays will accrue. When she returns, in theory they can make her work out her notice period or pay her in lieu. This may have an impact on childcare so see if you can find out what way it will be so you don't end up organising childcare when you won't need it, or maybe organise something casual eg family for the notice period. Make sure she knows her notice period, long service can mean longer than what is in the contract. See if they will cover healthcare for a period after redundancy as baby might be free for first year. Maybe take the opportunity to consider a break from the workplace? See what if any retraining opportunities will be paid for by the company and when they expire. Hope it all works out OK and sometimes these things lead to something else.

  • Registered Users Posts: 12,086 ✭✭✭✭Gael23

    No fully genuine, there are lots of others losing their jobs too. Not giving away too much to avoid identifying anyone