Second Level - Maternity Leave

Maternity Leave

Maternity leave will consist of 26 consecutive weeks on full pay less any social welfare allowance payable on foot of an employee’s social insurance. This paid leave is available to all permanent whole-time employees and to temporary whole-time and pro-rata employees. In the event of a stillbirth, or miscarriage, any time after the 23rd  week of pregnancy, or where the child has a birth weight of at least 400 grammes, full maternity leave entitlements apply.

An employee who intends going on maternity leave should submit an application through the management authority of her school at least six weeks before she intends to go on maternity leave. A minimum period of maternity leave must be taken, beginning not later than two weeks before the end of the expected week of confinement, and ending not earlier than four weeks after the end of the expected week of confinement.

At the end of maternity leave, an employee will be given the  option of:

  1. up to 16 additional weeks without pay, or
  2. leave of absence without pay, to the end of the academic year, subject to discretion of the managerial authority concerned. (For this purpose the end of the academic year is the end of August.)

From 1st May 2013, maternity leave in lieu has been cut to the minimum in line with the requirements of the Organisation of Working Time Act. This follows a decision made in Budget 2013.

A teacher’s entitlement to 20 days annual leave plus public holidays is not affected by her absence on maternity leave. However, leave in lieu must be taken on existing school closure days, either before and/or after her maternity leave, in the leave year in question (1st September to 31st August). If in a leave year, a teacher on maternity leave has reached the statutory minimum of 20 days annual leave and any Public Holiday entitlements (due to school closures/holidays), either before and/or after her maternity leave, then she has achieved her statutory entitlements and there is no leave in lieu accruing. In a leave year, where a teacher’s maternity leave does not give her 20 days annual leave plus Public Holidays accrued, teachers may either:

  1. Take the extra days due immediately before the commencement of her maternity leave. 
  2. Carry the days forward to the following year but they must be taken during school closures.

The sequencing arrangements for maternity leave are:

  1. Statutory Maternity Leave (26 weeks) 
     
  2. Extended Statutory Maternity Leave  for  premature  birth, where applicable (the number of weeks from the child’s actual date of birth to the date when the Maternity Leave was expected to commence)
  3. Statutory additional unpaid Maternity Leave (up to a maximum of 16 weeks) 
  4. Non-Statutory additional unpaid Maternity Leave until the end of the school year (to 31st August) 

Time off may be allowed for attendance at ante-natal and postnatal  clinics. Evidence of appointment or attendance at the clinic will be required by the school authority.

Maternity leave will be granted irrespective of an employee’s sick leave record and will not reckon as sick leave. Sick leave following maternity leave will be allowed only if the employer is satisfied that the employee intends to return to her position when fit to do so.

A teacher/lecturer on maternity leave will be paid full salary by the Department of Education/DFHERIS provided she:

  1. Signs a mandate authorising the Department of Social Protection to pay any benefits due directly to the Department of Education/DFHERIS.
  2. Makes the necessary claims for social welfare payments under the required time limits.
  3. Complies with whatever requirements are laid down by the Department of Social Protection.

See relevant section in Department Circular Leave Schemes for Registered Teachers employed in Recognised Primary and Post Primary Schools

Postponement of Maternity Leave due to Serous Health Condition

Since the 20th of November 2024, a teacher can choose to postpone all or part of their statutory 26 week Maternity Leave entitlement for a minimum of 5 weeks and up to a maximum of 52 weeks should the teacher have a serious health condition.

Information Note TC/IN 0001/2025 titled “Amendment to the Maternity Leave Scheme for Teachers employed in Recognised Primary and Post Primary Schools” which details the process for applying for a Postponement of Maternity Leave due to Serious Health Condition

Breastfeeding breaks

Within a 104 week period after the birth of the child, a teacher who has returned to work may avail of breastfeeding breaks without loss of pay for up to one hour per day for the purpose of breastfeeding or lactation. See Circular Letter 52/2023 for teachers and also Circular Letter CL22/2021 for grades other than teachers in ETBs. 


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