New legislation to allow ill women to postpone maternity leave
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New legislation is to ensure that women undergoing treatment for cancer or other serious illnesses will not be forced to use maternity leave during treatment.
The general scheme of the Maternity Protection (Amendment) and Miscellaneous Provisions Bill 2024 will allow mothers who require treatment for a very serious illness to postpone their maternity leave for a period of time.
The proposed amendment to the Maternity Protection Act 1994 will allow for a pause of up to 52 weeks, as long as it is certified by a doctor or consultant.
The legislation will also introduce, for the first time, a form of maternity leave for members of the Oireachtas.
Separately, the bill will bring in restrictions on the use of non-disclosure agreements (NDAs) in cases of discrimination and harassment.
It will provide that an employer shall not enter into an NDA with an employee where the employee has made allegations of discrimination, harassment, sexual harassment or victimisation unless it has been requested by the employee.
In order for an NDA to be enforceable, the employee must also be provided with independent legal advice, at the expense of the employer.
Children, equality, disability, integration and youth minister Roderic O’Gorman said: “Maternity leave is such an important time for mothers and their babies, and so no one should be forced to use that time for undergoing medical treatment.
“The legislation approved today will mean that, where necessary, mothers will be able to postpone their maternity leave, focus on their treatment, and retain that precious time with their baby.”
He added: “These amendments will also introduce maternity leave for members of the Oireachtas. This is a vital equality entitlement to make sure women who have a baby are able to fully participate in political life.”
The general scheme will now be referred to the Office of the Attorney General for drafting of the bill.