Maximizing your chances of qualifying for Maternity Benefit

[Brendan Burgess]

MB is paid to women who are in insurable employment up to the first day of their maternity leave. The last day of work can be within 16 weeks of the end of the week your baby is due.

source: www.welfare.ie

If a woman is made redundant with 20 weeks to go, she will miss out on Maternity Benefit.

So, if a woman is being made redundant while pregnant, she should ask her employer to change the date of redundancy so that it falls within the 16 weeks and she will qualify for maternity benefit.

If a woman becomes pregnant while unemployed and gets a temporary job for one week in the last 16 weeks of her pregnancy, will she qualify for Maternity Benefit - assuming she meets the other qualification criteria?

 

[gabsdot]

I think you have to have a job to go back to qualify for ML.

 

[gipimann]

It might be possible to meet the criteria - she only has to meet rule 1, 2 or 3 below.

The employment taken up must be covered by the Maternity Protection Act 1994.

For example, woman expecting a child in February 2009, has been unemployed since May 2008, gets a week's work in Jan 2009, and applies for Maternity leave & maternity benefit.

- rule 1: 39 weeks paid PRSI in the 12 month period immediately prior to mat leave.
(Jan 2008 - Jan 2009, won't qualify due to unemployment)

- rule 2: 39 weeks paid PRSI since starting work and 39 paid or credited in the relevant tax year or the year previous.
(assume 39 weeks paid since starting work, must have 39 paid or credited in 2006 or 2007 - if she was working up to May 2008, she'd meet this rule)

- rule 3: At least 26 weeks paid PRSI in the relevant tax year and at least 26 weeks in the year previous.
(must have at least 26 weeks paid in 2006 and 2007 - if she was working up to May 2008, she'd meet this rule).

I suppose the difficulty faced by the woman might be getting an employer to take on someone who's 6 or 7 month's pregnant ?

 

[Brendan Burgess]

From the SIPTU [broken link removed]:

What About Maternity Leave For Women On Fixed Term Contracts?

While all women are entitled to Maternity Leave, women on fixed term contracts may not be able to avail of the full leave. If their contract ends while they are still on maternity leave, the leave ends that day.


The State usually continues to pay for the full period of Maternity Leave subject to entitlement.

I think what this apparently contradictory statement means is that they are entitled to Maternity Leave only so long as their contract would have lasted.

But they get Maternity Benefit for the full 6 months.

I am not sure what the distinction is.

 

[Brendan Burgess]

The employment taken up must be covered by the Maternity Protection Act 1994.

Is all employment not covered by the Maternity Protection Act? What sort of employment other than self-employment is not covered? Again, from the SIPTU site:

The Act applies to –

anyone under a contract of service including all civil servants, Garda Siochána and Defence Forces;
officers and servants of local authorities, health boards, Vocational Education Committees, harbour authorities;
apprentices;
probationary workers;
and those engaged through employment agencies.

 

[Brendan Burgess]

http://www.irishstatutebook.ie/1994/en/act/pub/0034/index.html

I don't see anything in the Act which says that they must have a job to return to.

Here are the Operational Guidelines from the Department

To qualify for Maternity Benefit, a claimant must
be in employment which is covered by the Maternity Protection Act, 1994, immediately before the first day of her maternity leave. The last day of insurable employment may be within 16 weeks of the end of the week in which her baby is due. (If she ceases employment, her Maternity Leave must commence from the following day)

FormMB 10 asks the following questions:

12. Are you employed at present?
What was your occupation?
Who did you work for?
13.If you have left work, when did you leave?
14.If you started work within the last 3 years, when did you start?
15.Are you related to your employer?

If you are currently employed, please state:
Employer’s name
Address
Day Month Year
You are ‘employed’ when you
work for another person or
company and you get paid for
this work.

Under the employer's section

• You must complete the ‘From’ and ‘To’ dates for the period of maternity leave, whether or not the employee is returning to work.

Brendan