It is truly amazing how much I know now that I didn’t know 6 months ago. How many of you could be blindfolded and tell the difference between a Costa Americano and a Starbuck’s Americano? Who would have guessed that the important “ten minute tummy-time everyday” is for your baby and has nothing to do with me doing sit-ups! Did you know that thriving is the new word for fat?
I really could go on and on but this is a newsletter purporting to give legal information and so I will narrow my new-found knowledge to Maternity Leave, Parental Leave and Force Majeure Leave. It really is amazing how much time you can stay off- work (I say off-work loosely, any parent out there knows there is no such thing!)
Rather than go through the legislation on each of the above I think it is better illustrated by example, so here goes:-
Mary has a baby on 14th of January, 2012. Her basic maternity leave of 26 weeks started on 1st of January 2012. She is employed and therefore entitled to a state benefit of approximately €230 per week for 26 weeks. Mary is not entitled to a salary from her employer unless specifically stated in her contract of employment.
Her basic maternity leave expires on 30th of June 2012. However she is entitled to a further 16 weeks unpaid leave and therefore does not return to work until 19th of October 2012. Mary now wishes to use her annual leave before returning to work. Mary is entitled to 21 days paid annual leave per year and so does not need to return to work until November 19th. Mary realises she is also entitled to take all bank holidays accrued since January (1st January, St. Patrick's Day, Easter Monday, first Monday in May, June, August ,last Monday in October) and so she wont be returning until 28th of November, 2012. Mary called into Brophy Solicitors and they also advised her of her right to Parental Leave of 14 weeks. Mary is now due back to work on 6th March 2013. On the morning of the 6th of March her baby is sick and so she takes her 3 days Force Majeure Leave and returns to work the 9th of March 2013.
So 15 months later Mary returns to work with all her employment rights and entitlements still intact. It should be noted that Mary was well advised in relation to the written notice periods she had to give to her employer.
Mary is now ready for her second child.
If you are an employer/employee seeking advice in relation to any aspect of employment law, please do not hesitate to contact me.
Laura Gillen
No comments:
Post a Comment