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Maternity Protection Act, 1994 (No. 34)Introductory TextActs Referred toPart I Preliminary and General (ss. 1-6)1. Short title and commencement.2. Interpretation.3. Orders and regulations.4. Voidance or modification of certain provisions in agreements.5. Expenses.6. Repeal of 1981 Act, as amended.Part II Maternity Leave (ss. 7-16B)7. Interpretation of Part II.8. Entitlement to maternity leave.8A. Supplemental provisions relating to premature birth period9. Notification to employer.10. Allocation of minimum period of maternity leave.11. Variation in allocation of minimum period of maternity leave.12. Extension of maternity leave.13. Commencement of maternity leave (early confinement).13A. Additional provision for certain early confinement circumstances14. Entitlement to additional maternity leave.14A. Termination of additional maternity leave in event of sickness of mother.14B. Postponement of maternity leave or additional maternity leave in event of hospitalisation of child.Draft 14C. Postponement of maternity leave.14C. Postponement of maternity leave in event of serious health condition of relevant employee.15. Right to time off from work for antenatal or post-natal care.15A. Entitlement to time off from work to attend ante-natal classes.15B. Entitlement to time off from work or reduction of working hours for breastfeeding.16. Entitlement of employed father to leave on death of mother.16A. Termination of leave in event of sickness of father.16B. Postponement of leave under section 16 in event of hospitalisation of child.Draft Part IIA Maternity Leave for Members of the OireachtasPart III Leave to Protect Health and Safety of Pregnant Employees, etc. (ss. 17-20)17. Employees to whom Part III applies.18. Leave on health and safety grounds.19. Ending of leave under section 18 where no change of circumstances.20. Ending of leave under section 18 on change of circumstances.Part IV Employment Protection (ss. 21-29)21. Interpretation of Part IV.21A. Disapplication of sections 23, 24, 25, 26, 27 and 28 to member of local authority22. Preservation or suspension of certain rights, etc. while on protective leave, etc.23. Voidance of certain purported terminations of employment, etc.24. Extension of certain notices of termination of employment or of certain suspensions.25. Provisions regarding periods of probation, training and apprenticeship.26. General right to return to work on expiry of protective leave.27. Right to suitable alternative work in certain circumstances on return to work.28. Notification of intention to return to work.29. Postponement of return to work.Part V Resolution of Disputes (ss. 30-37)30. Reference of disputes to which Part V applies.30A. Disapplication of Part V to member of local authority31. Procedure for referral of disputes to rights commissioner.32. Decision under section 41 or 44 of Workplace Relations Act 2015.33. Appeal from decision of rights commissioner.33A. Burden of proof.34. Appeal to High Court on point of law.35. Service of documents.36. Provisions relating to winding up and bankruptcy.37. Enforcement of decisions and determinations.Part VI Amendments and Application of Other Enactments (ss. 38-41)40. Provisions applying where employee not permitted to return to work.39. Amendment of Schedule 3 to Redundancy Payments Act, 1967.38. Amendments relating to unfair dismissal.41. Protection of employee's rights on insolvency of employer.
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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 5 May 2020 - onwards
Version 3 of 3

16B. Postponement of leave under section 16 in event of hospitalisation of child.

(1) A father or other parent who is entitled to, or is on, leave under section 16 may, if the child in connection with whose birth he is entitled to, or is on, that leave (in this section referred to as 'the child') is hospitalised, request in writing (or cause a written request to be submitted to) his employer to postpone

(a) his subsection (1)(a) leave or part of such leave or his subsection (1A) leave or part of such leave,

(b) his subsection (1)(a) leave or part of such leave and a period of further leave under section 16(4),

(bb) his subsection (1A) leave or part of such leave,

(c) his subsection (1)(b) leave or a period of further leave under section 16(4), as the case may be, or part of such leave, as may be appropriate, in accordance with this section.

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