Complicated maternity leave question(s)

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gidxg03

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Hello everyone,

My wife has worked for a large multinational in Ireland for just over 10 years. The company recently, like many others, fell into serious financial trouble but were bought out by another organisation. She has been with the new company about 6 months but her service has carried over.

We actually moved overseas 2 years ago and my wife's manager agreed for her to continue in her role and work from home. However as the company were in trouble 2 years ago he advised that they would keep her headcount in Ireland. He did however notify HR, and senior management. She gets paid into our Irish account and pays tax, prsi etc just like every other employee.

We have just received the happy news that she is pregnant but are now getting concerned about maternity leave cover. Should we be worried? We have no idea how maternity leave works so if anyone could offer advice it would be much appreciated.
 
It sounds as if she is still under the same contract - is she? If she never signed another contract for this working from home arrangement then I would think she is still due the mat leave benefits as per her original contract, if the company pays mat leave ? Where you would have difficulty is the state mat benefit if she is outside the state - I'm not sure how much it is, something like 280 pw, she may not get that and the company may pay her less that.

The other thing is, that sounds like such a nice arrangement I would be afraid it's one of those things that snr mgt almost forgot about or couldn't change and this will now remind them and they may decide to bring that role back into the office in Ireland. But depends on the company really, I work for another Largs multinational and I would bet that's how it would go in mine. Soryy, don't mean to worry you but that's what would come to my mind. Anyway, assuming she is still on original contract she would be entitled to mat pay and also to redundancy if they decided to get rid of that role or move it back
 
Thanks for the reply.

hippy1975 said:
It sounds as if she is still under the same contract - is she? If she never signed another contract for this working from home arrangement then I would think she is still due the mat leave benefits as per her original contract, if the company pays mat leave?
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She has only ever signed one contract which was when she started employment with them 10 years ago. No written contract was drawn up for her working from home. This was all arranged and agreed between herself her boss.

We rang social welfare to discuss her PRSI about 12 months after we moved abroad and they said her company must send a letter stating she was working for the company from overseas to protect her benefits like maternity leave but they never did this. They had discussed moving her headcount to our new country of residence as they have offices here and when this was discussed it was escalated right up to senior management. The response was, dur to the financial trouble the company were in that they would leave her as she was for the time being.


hippy1975 said:
The other thing is, that sounds like such a nice arrangement I would be afraid it's one of those things that snr mgt almost forgot about or couldn't change and this will now remind them and they may decide to bring that role back into the office in Ireland. But depends on the company really, I work for another Largs multinational and I would bet that's how it would go in mine. Soryy, don't mean to worry you but that's what would come to my mind. Anyway, assuming she is still on original contract she would be entitled to mat pay and also to redundancy if they decided to get rid of that role or move it back
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Not too concerned about her being made redundant due to the years of service and she has emails as proof that this arrangement was made and agreed so don't think they would get away with now just saying you need to work from the office. So long as she gets at least maternity leave were not too concerned what happens with her role after that.

The company do have a good maternity leave policy and she will get full pay for 6 months with another 3 months unpaid if she likes. I imagine they recieve her social welfare payments like with sick leave? Having read the maternity leave application form from social welfare it states a doctor must certify her pregnancy and one of the biggest issues we can foresee is that she'll have to fly home to see an Irish doctor otherwise questions will be asked if the form is certified by a doctor overseas.
 
Hi, yeah I guess she would need to fly back to see an Irish doctor and give an Irish address, also, what normally happens with co.s that pay mat leave is that you get the state benefit directly and the co. top it up so that the person is still getting the same overall money, i.e. She gets her 280 pw or whatever it is now from the state and her usual salary less 280 pw from the co.

Sounds like contract-wise she is on the pigs back. I would get onto the prsi thing and get the co. to send whatever needs to be sent to get all in order in time.
 
You aren't entitled to Irish state maternity benefit if you don't live in Ireland though, which I think you know with your "questions may be asked" comment?
 
Reading the below from the citizensinformation website, would appear that she can get maternity benefit abroad if she is either in an EU country or getting medical treatment abroad.... so if she is in another EU country she won't have a problem but might be more difficult if not. Be worth a phonecall to maternity benefit section to clarify. (074) 916 4491 As she is still an employee of the company then their maternity benefits should apply.

Payments made abroad in limited situations

Adoptive Benefit and Maternity Benefit can be paid abroad, if you are getting approved medical treatment. If you are working in another EEA member state you may qualify for benefit, if you continue to be insured under the Irish Social Welfare Acts. If you are from an EU country, you can get Maternity Benefit or Adoptive Benefit for any period of your maternity/adoptive leave spent in another EU country.

HTH
 
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