S
steamboat
Guest
First time poster but frequent visitor to AAM. My wife was recently let go from the company she worked for (the work was just no longer there). As she is pregnant the employer agreed to keep her on for a few extra weeks until she was within 16 weeks of the end of the week she is due so that she would at least qualify for Maternity Benefit.
Her last day of work was just within the 16 weeks and this is the date shown as the end date on her P45. However the Maternity Benefit claim has now been denied – the records for PRSI contributions show the final class A contribution was made for the week prior to this (17 weeks before due week). The precise wording from the letter…
“One of the qualifying conditions for Maternity benefit is that your employer must certify that you are entitled to maternity leave under the Maternity Protection Act, 1994.”
“As you are not in insurable employment within 16 weeks of the end of the week in which your baby is due your maternity benefit cannot be certified”
She contacted the SW Maternity Benefit office about this who in fairness were sympathetic but maintain that from the information they have the 16 week condition is not met so the claim cannot be granted. They did say that if she can forward a letter from the employer stating that she actually was in insurable employment within the 16 weeks that the claim would be reviewed.
On top of losing her job this is all quite stressful for my wife which is not good in her condition! It is frustrating that it is down to just a matter of a few days and it seems there is no leeway.
It was always the intention of the employer to keep her employed until she was eligible and I suspect that the mix-up occurred due to the way the payroll was handled for her final partial week’s work. Is this something that generally can be rectified after the fact? If not is there another course of action anyone can recommend?
Her last day of work was just within the 16 weeks and this is the date shown as the end date on her P45. However the Maternity Benefit claim has now been denied – the records for PRSI contributions show the final class A contribution was made for the week prior to this (17 weeks before due week). The precise wording from the letter…
“One of the qualifying conditions for Maternity benefit is that your employer must certify that you are entitled to maternity leave under the Maternity Protection Act, 1994.”
“As you are not in insurable employment within 16 weeks of the end of the week in which your baby is due your maternity benefit cannot be certified”
She contacted the SW Maternity Benefit office about this who in fairness were sympathetic but maintain that from the information they have the 16 week condition is not met so the claim cannot be granted. They did say that if she can forward a letter from the employer stating that she actually was in insurable employment within the 16 weeks that the claim would be reviewed.
On top of losing her job this is all quite stressful for my wife which is not good in her condition! It is frustrating that it is down to just a matter of a few days and it seems there is no leeway.
It was always the intention of the employer to keep her employed until she was eligible and I suspect that the mix-up occurred due to the way the payroll was handled for her final partial week’s work. Is this something that generally can be rectified after the fact? If not is there another course of action anyone can recommend?