# worrying ahead about maternity leave



## oscarbandit0 (21 Jan 2009)

Hi

I was made redundant last may 2008. I was 6 mths pregnant at time.  I am just finishing my maternity leave now and have no job to go back to.  I will be applying for job seekers benefit or whatever it is called now!!
Community wlefare officer has told me that i will qualify.

My main worry is that I wish to have another baby next year.  the year that i will be assessed for maternity pay is 2008 and i will not have enough contributions made in that yr to qualify.  Also I am unlikely to to have enough contributions made in the 12 mths leading up to the maternity leave.  

If i got some sort of employment before the end of the year would I be able to claim sick benefit after i would potentially have another baby.

I am hoping to get into NS teaching - I have been told that there is work subbing - probably a week here and a week there. then try to get into the Hibernia course.

I realise that you will all prob think i am mad worrying so far ahead about things.  But we would really need the E200 to keep everything going - bills paid mortgage etc

My self an my work collegue are currently taking a case against out employer - they basically got rid of us as they found out we joined a union.  Also they were very negative in relation to maternity leave.  We were both pregnant. I don't know if it is worth taking the case to be honest as i feel that the employer will win out in  the end.

Anyway sorry for ranting..

Any advice please.


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## mallow (21 Jan 2009)

You should have enough contributions made in 2008 because they are 'credited' to you while you're on maternity leave.  They're also credited while you're on jobseekers benefit.  The other thing you need is to have enough 'paid' credits since you started work, which you must have as you qualified for maternity benefit this year.  What you need to do is to get be working within 16 weeks of the start of your next maternity leave.  I don't know how long you need to work for/how much you need to earn.  So you should (I think!) be able to get maternity benefit again in 2010. You'll only get 'sick' benefit if a doctor certifies you as being sick.  There are other threads on here about maternity benefit so you should check them too.

As for your case, i presume you're getting advice from a solicitor.  No one can advise you whether or not it's worth it without knowing all the details and the law.  But if you go the EAT, for example, you won't have to pay your employers costs even if you lose.  You'll only have to pay your own.   Very many employers do redundancies badly leaving themselves open to claims.  The fact that your employer made two pregnant employees who had (recently?) joined a union redundant looks to me like a big red flag.   It all depends on how careful they were in how they did it.  Taking a claim is stressful but you have a limited time in which to bring it so do get advice if you haven't already.


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## AlbacoreA (21 Jan 2009)

mallow said:


> You should have enough contributions made in 2008 because they are 'credited' to you while you're on maternity leave. They're also credited while you're on jobseekers benefit. The other thing you need is to have enough 'paid' credits since you started work, which you must have as you qualified for maternity benefit this year. What you need to do is to get be working within 16 weeks of the start of your next maternity leave. I don't know how long you need to work for/how much you need to earn. So you should (I think!) be able to get maternity benefit again in 2010. You'll only get 'sick' benefit if a doctor certifies you as being sick. There are other threads on here about maternity benefit so you should check them too....


 
I didn't realise that about the credits.


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## mallow (21 Jan 2009)

I've only just learned that about credits myself.  Am no expert at these things so don't just take my word for it!  Therer are differences between what paid and 'credited' PRSI credits entitle you to.


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## oscarbandit0 (25 Jan 2009)

Hi thanks for your post - I think that there must be differences between what PRSI is paid and what is credited. My community wlefare officer told me that I just qualified for jobseekers allowance and no more.  As I was made redundant in 2008 - my qualification is based on 2006.  I would have started maternity leave at the end of oct that year.  I would have been paid a bonus in december that year - as we are paid monthly I presume i would have paid 4 weeks of prsi for that.

I had worked for 8 years full time previous to maternity leave.

I feel for all of the women who have been working for years then go on maternity leave - maybe loose their jobs like me and find out that becasue they were on maternity leave in a year previous that they may not qualify for their entitlements.

I really cant undestand this system as I always assumed then when you were on maternity leave that you still had all your entitlements prsi paid for you - as if you were at your desk as such - Does anyone no anytthing about this?


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## mallow (25 Jan 2009)

*Rules     					*

     					Maternity Benefit is paid by the Department of Social and Family Affairs to women who have a certain number of paid PRSI contributions on their social insurance record and 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.
 The PRSI contributions can be from employment or self-employment - PRSI classes that count for Maternity Benefit are A, E, H and S (self-employed). 
*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 before the relevant tax year. For example, if you are going on maternity leave in 2008, the relevant tax year is 2006.
 *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 2008, the relevant tax year is 2006 and the year before that is 2005.
There is a difference between credits that are paid and those that are 'credited'.  You need a certain amount of each in order to qualify for maternity benefit.  As you have worked for 8 years since starting work, you would have more than 39 weeks paid PRSI since starting work.  If you seek maternity benefit in 2010, the relevant tax  year will be 2008.  If in 2008 you were working up to May, and from then on getting maternity benefit, you will have both paid and credited PRSI for the full 52 weeks of that year.  So you should fall under the second category above.  That's assuming you have another job within 16 weeks of starting your maternity leave.

I'm not sure if you're currently on jobseeker's benefit or allowance.  Benefit has to do with PRSI, allowance is just means-tested and has nothing to do with PRSI.  So if you're on allowance, the CRO must have been referring to your income level when s/he said that you only just qualified for the allowance.  They couldn't be referring to PRSI credits.  Are you certain you are getting allowance and not benefit? 

You don't lose out on PRSI entitlements while you're on maternity leave because they are credited to you while you're on leave.   But if you've accumulated enough 'paid' credits since you first started work then that shouldn't affect you in getting maternity benefit again in the future.  It sounds to me like your CWO is not explaining things too well.  I think you should go talk to the Citizens Information people to make sure you're getting what you should be entitled to.


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## oscarbandit0 (25 Jan 2009)

Hi thanks a mill for that comprehensive reply.  Thta is really fantastic to have that information.
I will be seeking the job seekers benefit this week.  I am probaby getting mixed up with them. sorry to cause confusion.

I had had eight weeeks of sick pay last year - not paid by employer - paid by social welfare - But I still should have enough credits going by what you say.

I find that it really is very difficult to get the correct information - Nothing is explainded properly - I am sure everyone is int he same situation.  I know that the CWO must be run off their feet with everyone.


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## sarahjaneter (27 Jan 2009)

Hi Oscarbandit,

Im sorry to hear what happened to you regarding your job. Something very similar happened to me when I returned from maternity leave.  I had a really excellent employment solicitor who sorted it out for me (Aileen Madden, 6770050).  A friend of mine used her for an employment issue and has recommended her on (I personally only accept recommendations from word of mouth).  If you contact her Im sure she would be able to advise you re your entitlements etc not to mention the litigation side of things.  You would be astonished at how often this unfair treatment happens to women after they have had babies and it is so soul destroying when it happens to you.

I hope things improve for you and best of luck with the baby.


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## oscarbandit0 (9 Feb 2009)

Hi sarahjaneter.

Haven't got on internet since last reply.  Thnak you for that info.  I have contacted a solictor and seen a barrister.  All is such a pain to be honest.  I typed out a compehensive statement to solicitor so I hope there will be enough info.  Sure I have no proof as such only word of mouth. 

My company was quite anti-women and really only promoted men or gave bonus's to men.  I don't know why i stayed there so long. but it was handy.

thanks again.  It is prpbably the for the best in the long run.


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