# can you be go through redundancy while on sick leave or maternity leave?



## Ndiddy (13 Feb 2020)

can you be go through redundancy while on sick leave or maternity leave?
thanks


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## misemoi (13 Feb 2020)

Maternity leave is protected, so no. If you are already on ml you can be issued notice but it must extend to he end of your ml. And that includes all unpaid ml too. If you are not already on leave, then an employer can issue notice. It might in some cases be worthwhile considering taking early leave.


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## huskerdu (13 Feb 2020)

You can be issued notice of redundancy while on protected leave, once the criteria for choosing who is made redundant is fair. 
The date of redundancy should be the date your protected leave ends, but I know of cases where people have been willing to waive this as part of negotiation of the package.


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## misemoi (13 Feb 2020)

Remember that annual leave and public holidays accrue during ml. Also any benefits like er pension, healthcare etc will continue. And if your ml crosses a calendar year, you would have the tax credits of the next year too, unless you'll start a new job or share them with your spouse.


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## Peanuts20 (14 Feb 2020)

People don't get made redundant, positions do. So yes, you can be made redundant whilst on ML. However, the onus is on the employer to ensure that you have been treated fairly and that the fact you are on maternity leave is not a reason for your selection, same applies for anyone on SL.


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## RedOnion (18 Feb 2020)

Ndiddy said:


> can you be go through redundancy while on sick leave or maternity leave?
> thanks


To answer your question with a question.
Are you asking can you apply for voluntary redundancy? Or compulsory redundant?
Is the employer solvent?

It's almost impossible to make someone redundant while on protective leave.


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## Peanuts20 (19 Feb 2020)

so was the person fired (which implies performance issues) or made redundant.? They are 2 very different things and I'm confused from the posts.

Bear in mind as well (in the case of sickness) that an employer has no obligation to hold a post open indefinatly if the person is not physically capable of doing the job

On this occasion, if a role was being moved to the Phillipines and the job holder was pregnant or sick and proper processes were followed then it is quite probably perfectly legal as the role in Ireland was being done away with. If the person was made redundant purely because she was pregnant, that's a different story


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## Leo (19 Feb 2020)

There was no suggestion anyone was fired, just eligibility for redundancy while on leave. The Philippines issue was someone's misunderstanding of what redundancy means, that confusion has been removed.


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