# Giving up work more than 16 weeks prior to due date - Maternity Benefit?



## MPH (21 May 2008)

Have searched threads and don't see answer to my question;

Due to the nature of her work my wife intends to give up her employment approx 21 weeks prior to her due date or 19 weeks into pregnancy. 

Quote from Dept of Social and Family Affairs;
"To qualify for the maximum 26 weeks Maternity Benefit, you *must* take at least 2 weeks and at most 16 weeks leave before the end of the week in which your baby is due."

Am I right in saying she must wait then for 5 weeks after finishing work before she can start to claim Maternity Benefit? 

We have downloaded the MB10 form. This says you must complete and return 6 weeks prior to date you intend to go on Maternity Leave but Part 10 to be completed by doctor says it should not be filled in until 24th week of pregnancy, which is after this application date?!!!

To me this assumes that no women go on leave prior to their 24th week.

Are we reading this wrong?

Would appreciate hearing from anyone in similar situation who took more of the 26 weeks before the baby was born or anybody who can offer advice.

Thank You


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## mirsflanagan (21 May 2008)

she can go on the sick and still then claim her full maternity benefit thats what i did i was working in a factory at the time was not able for heavy work so told my doctor and he issued me with a sick cert and then when my maternity was due i came off the sick and began my six month maternity leave hope that helps


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## MPH (21 May 2008)

Her employer doesn't pay sick leave any anyway she intends resigning her position.


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## Black Sheep (21 May 2008)

You say your wife is going on early Mat.leave because of the nature of the work. Is there a risk to her health or safety?  If so would Health & Safety Benefit be an option for her in the meantime.

Health & Safety Benefit is granted to an employee when the employer cannot remove a risk to her health or safety during pregnancy or cannot give her other "risk free"duties

Maternity Benefit would follow this on application

See Welfare.ie for further details


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## sam h (22 May 2008)

> mirsflanagan
> she can go on the sick and still then claim her full maternity benefit thats what i did i was working in a factory at the time was not able for heavy work so told my doctor and he issued me with a sick cert and then when my maternity was due i came off the sick and began my six month maternity leave hope that helps


But there is no indication that she is sick (and nor were you from the sound of it).  The OP says she plans to leave due to the nature of the work - this could be for numerous reasons, but he never indicated she was sick.  Maybe there is excessive travel involved with her job that won't be practical after she has a baby.

Most employers will do there best (& I think are legally obliged in certain cases) to facilitate pregnancy women so they don't have to do any heavy lifting or in on contact with chemicals - if they are unable to offer alternative option, then you may be justified to opt for a sick (or follow the above posters suggestions) not on the basis that you are unable to do the work required.  Pregnancy in itself, is not an illness

In response  to the OP - I reckon you should call the local SW office & they can clarify.


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## mirsflanagan (22 May 2008)

i pulled all the lower muscles in my back lifting boxes that where to heavy i had every intention off wrking to my due date but was not able 
#


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## gipimann (22 May 2008)

To the OP - a woman claiming maternity benefit must be working immediately prior to the claim.   If your wife resigns 21 weeks before the baby is due, she may run the risk of not qualifying for Mat Benefit at all.

As Sam_h suggested, you/she should contact Mat Benefit section before making any final decision.
Best of luck to both of you with the upcoming arrival!


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## sam h (22 May 2008)

> i was working in a factory at the time was not able for heavy work so told my doctor





> i pulled all the lower muscles in my back lifting boxes that where to heavy


 
Your statements aren't the same - but based on the second, then you were sick.     The OP's wife isn't so there is no reason to go on "the sick"


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## Black Sheep (23 May 2008)

Pregnant women should not be lifting heavy boxes. Can your employer not move you to more suitable work. If not, refer to my previous post re Health & Safety Benefit. You appear to fit the criterea


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## belini (3 Jun 2008)

Hi
The other posters are right. A woman can't take maternity leave prior to 24 weeks into pregnancy. If you are not fit for work , you will have to take sick leave and apply for illness benefit (which is lower than maternity benefit depending on your income) if your doc certifies you. Just be careful that you have enough PRSI contributions before leaving work to qualify for matrenity leave. The downside of going so early (ie from 24 weeks) is that you will have less paid maternity leave after the baby is born. Therefore it might be a better option to get your doc to certify you if you genuinely aren't able for work or else speak to your employer in case there is anything alternative (e.g. alternative role) that can be done to help your back pain.


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