Notice of Redundancy - Notice of Intention to commence maternity leave

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misemoi

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Theoretical question. An employee who is currently pregnant is given four weeks notice of redundancy. The same day she gives her employer four weeks notice of intention to commence maternity leave. Normally, an employee on maternity leave will have the redundancy notice period extended until the end of maternity leave. Given that the maternity leave would commence on the day the redundancy notice is due to expire as both are four weeks, will the extension apply? Or is the only way to ensure it applies is to give the notice of intention for maternity leave the day before the redundancy notice is due to be given? Assuming the employee will be at least 26 weeks from EDD at the time of giving notice to allow for min 4 weeks after birth. Being ineligible for maternity benefit is not a consideration as the employer pays full wages less any maternity benefit received.

TIA for any advice.
 
Maternity leave is covered by the Maternity Protection Act, 1994. Section 23 of that Act, voids any purported terminations of employment while the employee is absent from work on protective (maternity) leave.


23.—Each of the following shall be void:

(a) any purported termination of an employee's employment while the employee isabsent from work on protective leave;

(b) any purported termination of an employee's employment during a period of natal care absence;

(c) any notice of termination of an employee's employment given while the employee is absent from work on protective leave and expiring subsequent to such a period of absence;

(d) any notice of termination of an employee's employment given during a period of natal care absence and expiring subsequent to such a period;

(e) any purported suspension from an employee's employment imposed while the employee is absent from work on protective leave, or during a period of natal care absence.

However, section 24 states that if redundancy notice is given to an employee before the employer receives the written noticification of intention to take maternity leave and that notice is due to expire while the employee is on maternity leave, then an extension will apply.

24.—Any notice of termination of employment given in respect of an employee or any suspension from employment imposed on an employee—

(a) before the receipt by the employee's employer of a notification under section 9 , 12 , 14 , 15 or 16 (or, where appropriate, under section 28 ), or

(b) before the production for the employer's inspection of a certificate under section 11 ,

and due to expire during the employee's absence from work on protective leave or (as the case may require) during a period of natal care absence shall be extended by the period of absence from work on protective leave or, as the case may be, the period of natal care absence.
 
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Thanks for the reply. From the reply I take it that the employee would need to give notice the day before the redundancy notice to ensure maternity leave has begun before the redundancy notice expires. Is this correct?
 
I didn't read that part "the employee would need to give notice the day before the redundancy notice". It's very thin legal ice here given she is pregnant and about to start maternity leave. It can be argued that although the written notice was given the same day as the redundancy notice, that there was a verbal notice given three months ago and she is now selected for the wrong reasons i.e. for being pregnant. She can further argue that she gave the notice to the employer early in the day and only later in the day received the redundancy notice. Her maternity notice couldn't have come as a surprise but the redundancy is not something verbally discussed well in advance, connected with prenatal appointments etc.? All I can say, don't rely on public forum information. If the employer is convinced that the job she is doing is redundant, then get professional legal advise. By the little information given so far, I see thin legal ice.
 
The OP asked a theoretical question. There is nothing in that post about unfair selection for redundancy due to pregnancy.

If the OP wants further clarification, let him or her ask.

Of course nobody should rely totally on a public forum for advice on any issue. That goes without saying.
 
Thank you for the replies and caveat. No question of unfair selection. Just wanted to understand the notification timings.
 
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