# Resigning from work - entitled to Maternity Benefit?



## crescent (10 Jun 2012)

Husband is being relocated with his job and myself and daugter (21 mths) will be moving with him. I will be resigning from work as we won't be able to afford the extra mileage plus childcare if I continue at my current job and as I will be 28 weeks pregnant I don't plan to go job hunting until at least a year after I give birth.
I am a little confused about whether I will still be entitled to state Maternity Benefit for 26 weeks if I resign? I have the relevant PRSI contributions etc but does me giving up work disqualify me? I have tried to read the Citizens Information page on this but can't find an answer. If anyone knows I would be very grateful. I'm not looking to get money for nothing but if I am entitled to it it would be very helpful. TIA


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## gipimann (10 Jun 2012)

In order to qualify for Maternity benefit, you must be in employment up to the day before you begin maternity leave.   

You can start Maternity Leave 16 weeks before the baby is due, so you might be able to qualify if you take leave rather than resign from your employment at the 28 week mark.

You can get more information here:

http://www.welfare.ie/EN/Publications/SW11/Pages/2HowdoIqualify.aspx


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## crescent (10 Jun 2012)

Thanks for that but I don't want to go on leave early instead of resigning as I think that would be dishonest and I would rather give my employers the opportunity to hire a replacement rather than hold my job for me in the belief I would return. We hope to move back to this area in the future and I may need to apply for work with them in that case.


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## Nutso (11 Jun 2012)

You can resign and go on leave early - you are entitled to go on leave at any stage from 24 weeks of pregnancy.  There is nothing to stop you from resigning when you take your maternity leave, you will still be entitled to your maternity benefit - however I'm not sure if a waiting period would be imposed if you wished to sign on for jobseekers once your period of maternity leave/additional maternity leave is up.

If you resign to go on jobseeker's benefit and do not secure another job, you will lose your entitlement to maternity benefit as you must be in insurable employment immediately before your maternity leave commences.


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## crescent (11 Jun 2012)

Thanks so much Nutso. I read that link that gipimann posted in more detail and it says the same thing: 
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 must 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.

So thanks to both of you. Handing in my notice today


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## Ildánach (11 Jun 2012)

Just remember that legally speaking you are required to give 4 weeeks notice of maternity leave to your employer.  

Depending on your contract, your notice to terminate employment may coincide with this 4 weeks, but may be longer.  Check your contract.


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## crescent (11 Jun 2012)

We are required to give 8 weeks notice where I work and I've told them I'm a little flexible on this if it's proving difficult to find a replacement so I think I'm covered.


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