# Redundancy and Maternity Benefit



## MoneyM (18 Oct 2007)

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


----------



## ClubMan (18 Oct 2007)

*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
> ...



*2. How do I qualify?*
*3. What  	  PRSI contributions 	  do I need for Maternity Benefit? *


----------



## MoneyM (18 Oct 2007)

*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


----------



## Stifster (18 Oct 2007)

*Re: Redundancy and Maternity pay*



MoneyM said:


> Hi Guys/Girls
> 
> Question:
> 
> ...


 
Why are you being made redundant?


----------



## MoneyM (18 Oct 2007)

*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!


----------



## Towger (18 Oct 2007)

*Re: Redundancy and Maternity pay*



Stifster said:


> Why are you being made redundant?



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.


----------



## ClubMan (18 Oct 2007)

*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"


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.


----------



## Stifster (18 Oct 2007)

*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!


 
Holy god....


----------



## ClubMan (18 Oct 2007)

*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.


There are also other criteria such as being in insurable employment immediately before maternity leave etc. See above.


----------



## Stifster (18 Oct 2007)

*Re: Redundancy and Maternity pay*

I'm flabbergasted.... I assume you don't want to go back to work there?


----------



## MoneyM (18 Oct 2007)

*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!


----------



## MoneyM (18 Oct 2007)

*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.


 
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!


----------



## Nige (18 Oct 2007)

*Re: Redundancy and Maternity pay*



MoneyM said:


> 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,


 
this isn't true.


----------



## Trish2006 (18 Oct 2007)

*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.


----------



## Stifster (18 Oct 2007)

*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.


----------



## MoneyM (18 Oct 2007)

*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.


 
 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!!!!


----------



## Martinslan (18 Oct 2007)

*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.


----------



## Stifster (18 Oct 2007)

*Re: Redundancy and Maternity pay*

Is that not exactly what has already been stated? MoneyM is the only one not concerned!


----------



## MoneyM (19 Oct 2007)

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.


----------



## ClubMan (19 Oct 2007)

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.....



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.



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


----------



## Nige (19 Oct 2007)

MoneyM, in fairness, it doesn't sound like he has is ass covered at all.

However, I'm sure he realises (as other employers with similar attitudes) that pregnant women often don't have the energy to fight them on it.


----------



## huskerdu (19 Oct 2007)

I would love to you fight this, as he should not be getting away with this. 
As has been said, his ass in not covered, it sounds like he has made a judgement that the pregnant women he employs do not have the energy for the fight and can be easily bought off. 

If you dont feel you can fight it, then be careful about what you do, to ensure you get the state maternity benefit. You must be in a job the day you start maternity leave, or you get nothing. It is designed to replace income. If you have no income to be replaced, you get nothing. 

You can take maternity benefit from 24 weeks, but you need to apply in advance and get your employer to fill in part of the form, so it will be too late to apply if you get offered redundancy, take it, and apply for benefit the first day that you are off work. Apply while you are in employment. 

If you are offered redundancy, insist that the benefit application is made out before anything else happens. 

What ever happens, good luck and make sure that your boss knows that you know your rights.


----------

