Redundancy and Maternity Benefit

M

MoneyM

Registered User
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Hi Guys/Girls

Question:

Does anybody know if my boss offers me (just the statutory redundancy) am I still entitled to the state Maternity pay as well??????

Thanks
 
Re: Redundancy and Maternity pay

If you meet the normal qualification criteria for MB then yes. In particular:
To qualify for Maternity Benefit as an employee you must:
  • be in insurable employment that is covered by the Maternity Protection Act, 1994 immediately before the first day of maternity leave. The last day of insurable employment may be within 16 weeks of the end of the week your baby is due. If you cease employment your maternity leave must start from the following day,

    and
  • satisfy certain PRSI contribution conditions.
To qualify for Maternity Benefit as a self-employed person you must:
  • be in insurable self-employment,

    and
  • satisfy certain PRSI contribution conditions.
Click to expand...

2. How do I qualify?
3. What PRSI contributions do I need for Maternity Benefit?
 
Re: Redundancy and Maternity pay

Thanks for that ClubMan, I do met all qualifications on this as I have been in FULL employment for 12 years now!

I am only 20 weeks pregnant now (will be telling job at 22 weeks) if they offer me Redundancy on my 22 week of pregnancy I will be entitled to the state maternity benefit the next day i.e. 22 weeks OR when I am 38 weeks?????

Thanks again
 
Re: Redundancy and Maternity pay

MoneyM said:
Hi Guys/Girls

Question:

Does anybody know if my boss offers me (just the statutory redundancy) am I still entitled to the state Maternity pay as well??????

Thanks
Click to expand...

Why are you being made redundant?
 
Re: Redundancy and Maternity pay

To be honest don't really know......only that my boss HATES pregnant women ;) any woman who has been pregnant or has had a new baby gets offered Redundancy.....he gets around it by saying that "the company is on a down turn and therefore job's are been fazed out"

Don’t really mind, as long as I get my Redundancy AND state Maternity but if I don’t get my state Maternity pay I’ll have to have a bit of a “fight” as I am not leaving with just the “normal” Redundancy package and then not get any state Maternity!
 
Re: Redundancy and Maternity pay

Stifster said:
Why are you being made redundant?
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Good question. You cannot be made redundant because your are pregnant OR while on maternity leave.

Maternity pay is based on your pay in the previous (full) tax year ie 2005. So yes you can get it.
 
Re: Redundancy and Maternity pay

MoneyM said:
To be honest don't really know......only that my boss HATES pregnant women ;) any woman who has been pregnant or has had a new baby gets offered Redundancy.....he gets around it by saying that "the company is on a down turn and therefore job's are been fazed out"
Click to expand...
What he says may not matter. Even a single case of making a pregnant woman redundant may be enough to establish illegal behaviour on the employer's part. When there is past history of this that is even worse.
 
Re: Redundancy and Maternity pay

MoneyM said:
To be honest don't really know......only that my boss HATES pregnant women ;) any woman who has been pregnant or has had a new baby gets offered Redundancy.....he gets around it by saying that "the company is on a down turn and therefore job's are been fazed out"

Don’t really mind, as long as I get my Redundancy AND state Maternity but if I don’t get my state Maternity pay I’ll have to have a bit of a “fight” as I am not leaving with just the “normal” Redundancy package and then not get any state Maternity!
Click to expand...

Holy god....
 
Re: Redundancy and Maternity pay

Towger said:
Maternity pay is based on your pay in the previous (full) tax year ie 2005. So yes you can get it.
Click to expand...
There are also other criteria such as being in insurable employment immediately before maternity leave etc. See above.
 
Re: Redundancy and Maternity pay

I'm flabbergasted.... I assume you don't want to go back to work there?
 
Re: Redundancy and Maternity pay

So I am reading this right, if I am offered Redundancy at 22 weeks I need to start with the state Maternity the VERY NEXT DAY or I DON’T get it at 38 weeks???????

Stifster - If he didn't offer me Redundancy I WOULD have went back to work in the company as the hours and commute is EXTREMLY good, but I know once I have the baby that he will offer it to me one way or another so I just want to make sure before I tell him I am pregnant that I have all my ducks in a line so I know what I AM/AM NOT entitled too.....

Towger – he’d never say it was because you are pregnant he’d just say that the company is not doing well so no work = no job!!! Way of life unfortunately!
 
Re: Redundancy and Maternity pay

ClubMan said:
What he says may not matter. Even a single case of making a pregnant woman redundant may be enough to establish illegal behaviour on the employer's part. When there is past history of this that is even worse.
Click to expand...

I am not going to court or whoever over this as he'd win hands down and could leave this in court for as long as he likes, no point in upsetting myself I'd rather just get what I am entitled to and leave him to it!
 
Re: Redundancy and Maternity pay

You can only take mat leave from 24 weeks, not before. It states you have to be working up to 16 weeks before the birth. So if you get made redundant within 16 weeks of the birth you start your mat leave immediately.
 
Re: Redundancy and Maternity pay

Honestly Judge, the fact that she was pregnant never crossed my mind when i offered her redundancy after she told me she was pregnant.

I'd be saying (and this is not legal advice!), pay me while i am on maternity leave and I'll take redundancy after.
 
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Re: Redundancy and Maternity pay

Stifster said:
Honestly Judge, the fact that she was pregnant never crossed my mind when i offered her redundancy after she told me she was pregnant.

I'd be saying (and this is not legal advice!), pay me while i am on maternity leave and I'll take redundancy after.
Click to expand...

:D I'll take that on board when I tell him my "good news"

Thanks again everybody for you're brilliant advice......at least I am straight now on what I am/am not entitled too!!!!
 
Re: Redundancy and Maternity pay

first off congrats on the good news. Second off, I am shocked by the tone and direction of this thread. To me this is not a question of redundancy and what you are entitled too. This is a clear case of unfair dismissal due to being pregnant. Contest it and you can get 2 years pay not a couple of weeks Stat that the employer is trying to get away with...There are laws to stop this sort of abuse. If the employer gives the old line no work = no job, bad times etc ; and then replaces you when your gone, that shows up the lie of the company's contention. The person is not redundant, it is the position is redundant and therefore the is no job for the person so the person has to leave. The position can not suddenly reappear after the pregant person is gone. As an empolyer I thought this sort of treatment of pregnant women was a thing of the past.
 
Re: Redundancy and Maternity pay

Is that not exactly what has already been stated? MoneyM is the only one not concerned!
 
It's not the case that I am not concerned there's not alot I can do about it.....yea yea I can take it to court or the claims route but he's a strude business guy and has his ass WELL covered.......he has "let go" EVERY women who has been pregnant and there jobs are not replaced as the person who takes over from them just keeps the job but the wording of the job is then all made different.....

At this stage I just don't care I am okay with leaving (am not going to stay if he doesn't want me) I just want what I am entitled too.
 
MoneyM said:
It's not the case that I am not concerned there's not alot I can do about it.....yea yea I can take it to court or the claims route but he's a strude business guy and has his ass WELL covered.......he has "let go" EVERY women who has been pregnant and there jobs are not replaced as the person who takes over from them just keeps the job but the wording of the job is then all made different.....
Click to expand...

Or maybe he gets away with it because others take the same lackadaisical approach as you to protecting employee rights? Your/their prerogative of course.
I just want what I am entitled too.
Click to expand...

The point is that you could well be entitled to a lot more than you are settling for.
 
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