# Maternity Benefit - calculations query?



## newhomeowner (17 Jul 2012)

Im due on 1st January 2012.

Work dont pay maternity anymore.

I will be finishing up on the 17th December. Annual leave and bank holidays over the christmas period will bring me up to my due date. 

Will I still be due my full pay that month and also what year will my maternity benefit be based on? 

Id really appreciate some feedback as I am really getting stressed out


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## Black Sheep (17 Jul 2012)

I think this may come down to what day your baby arrives (2012 or 2013) as Maternity leave will not officially begin for you until January 2nd. so the relevant tax year could be either 2010 or 2011.

*See:-*

*If you are employed* you must have: 


At least 39 weeks PRSI paid in the 12-month period before the first day     of your maternity leave
Or 


At least 39 weeks PRSI paid since first starting work and at     least 39 weeks PRSI paid or credited in the relevant tax year or in the tax     year immediately following the relevant tax year. For example, if you are     going on maternity leave in 2012, the relevant tax year is 2010 and the     year following that is 2011.
Or 
 At least 26 weeks PRSI paid in the relevant tax year and at     least 26 weeks PRSI paid in the tax year immediately before the relevant     tax year. For example, if you are going on maternity leave in 2012, the     relevant tax year is 2010 and the year before that is 2009


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## newhomeowner (17 Jul 2012)

Thanks Black Sheep.

If I put on the form that due date is 1st January 2013 then am I correct that maternity benefit starts that date and it will be calculated based on 2012.

Whats throwing me is the following ....

_Under the Maternity Protection (Amendment) Act 2004 at least 2 weeks have to be taken before the end of the week of your baby's expected birth and at least 4 weeks after. You can decide how you would like to take the remaining weeks. Generally, employees take 2 weeks before the birth and the remaining weeks after. If you qualify for Maternity Benefit (see below) at least 2 and no more than 16 weeks must be taken before the end of the week the baby is due._
_ 
__Based on the act does that mean that even though I have annual leave and the bank holidays over christmas to take before 1st January if I finish up on the 17th Dec as planned they will consider that the start date of my maternity leave?
_


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## swauna78 (17 Jul 2012)

If you put on the form that your due date is Tuesday 1st Dec 2013 then to qualify for state maternity benefit your last working day must fall 2 weeks before the end of the week in which your baby is due.

This works out as (assuming Mon - Fri working week....I don't know how it works if you work shifts or Sat/Sun....)

End of week in which your baby is due: Friday 4th Jan 2013
Last day of work (2 weeks before date above): Friday 21st Dec 2012 with Maternity leave to commence on Monday 23rd Dec 2012.


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## swauna78 (17 Jul 2012)

"_Based on the act does that mean that even though I have annual leave and the bank holidays over christmas to take before 1st January if I finish up on the 17th Dec as planned they will consider that the start date of my maternity leave?"_

Yes, the state will consider this as the start of your maternity leave.  Your employer will also.
If you have a 'use it or lose it' policy in your workplace with regard to annual leave then you will need to use those days before your maternity leave commencement date.  
Or, you could ask your employer can you use them at the end of your maternity leave period.


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## newhomeowner (18 Jul 2012)

Thanks swauna78. That makes things a lot clearer.

In terms of calculating what rate applies it states 

"Maternity Benefit is calculated by dividing your gross income in the relevant tax year by the number of weeks you actually worked in that year. Eighty percent (80%) of this amount is payable weekly, subject to a minimum payment and a maximum payment"

Example : €40,000 / 48 weeks (52 weeks of the year less annual leave taken during relevant tax year) * 80% = €666.67

Based on the €666.67 does that mean the maximum rate of €262 applies over the 26 weeks?

Thanks again


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## huskerdu (23 Jul 2012)

newhomeowner said:


> Based on the €666.67 does that mean the maximum rate of €262 applies over the 26 weeks?
> 
> Thanks again



Yes, you will get the maximum rate. 

Also, your Dr must sign the form and you dont get to decide what due date to out down, it is up to the doctor. At this point, the date of 1st Jan is presumably the standard calculation of the due date. By the time that you have to submit the form, your doctor will have a more accurate date, which might be the same, but might be slightly different.


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