HSE - On Unpaid Maternity leave: not allowed to return until HSE agree -cutbacks?

Hi All,

As we've all seen recently there are to be major cutbacks with the HSE due to overspend.

Could the following be legal?

If you are currently on Unpaid Maternity leave, you are not allowed to return to work until the HSE has agreed it. There has been no time limit, as far as I can see, on this....

I first thought that 'Unpaid leave' gave them a get of Jail card.

As the section of the act covering returning to work http://www.irishstatutebook.ie/1994/en/act/pub/0034/sec0026.html#zza34y1994s26 states Protective leave, but Protective Leave is in section 21 defined as:

( a ) maternity leave;

( b ) additional maternity leave,

( c ) leave to which a father is entitled under subsection (1) or subsection (4) of section 16; or

( d ) leave granted under section 18.


To me unpaid leave is covered by B, so it looks as if they are in trouble.

By "they" do you mean the people on Maternity leave or the HSE?

Since there is a time limit on unpaid maternity leave, I don't think that anyone can delay their return to work.

Career breaks (which are affected) are different in that when you take a career break you are told that you can start back to work after X ammount of years (whatever you have applied for) IF there is a suitable position, in other words your job isn't kept open for you. On maternity leave your job is definitely kept for you, which makes it different.

So what the HSE is doing is not legal then is it? Am going to ring the Citizens advice bureau today to see if it is or not. I can't believe there isn't more uproar about this nationally I have to say!

Are the HSE actually doing this? I've heard of people not being allowed back from career breaks, but not maternity leave.

OH MY GOD, I would ring the STAR, honeslt how dare they.
HSE will have a lot to answer to.
cathy