The Parental Leave and Employment Protection Act provides for special leave during pregnancy, maternity, paternity and extended leave for birth mothers, their partner/spouse and adoptive parents. There is no mandatory requirement to provide payment for Parental Leave.

Maternity, paternity and extended leave are collectively known as parental leave. Employees are eligible for:

(a)   up to 52 weeks parental leave if the employee has worked for the same employer for a least 12 months for at least an average of 10 hours per week (including at least 1 hour per week or 40 hours per month) as at the relevant date,

OR

(b)   up to 14 weeks parental leave if the employee has worked for the same employer for the immediately preceding 6 months for at least an average of 10 hours per week (including at least 1 hour per week or 40 hours per month) on the relevant date.

It is unlawful for an employer to terminate the employment of any female employee because of: 

• Her pregnancy
• Her state of health during the pregnancy unless the state of her health is affected by causes not related to her pregnancy

And any employee because:

• The employee has indicated he/she wishes to take parental leave 

Maternity leave

A female employee is entitled to maternity leave of up to 14 weeks where she has worked for the same employer for an average of at least 10 hours per week (including 1 hour per week or 40 hours per month) for either:

       (a)     the immediately preceding 6 months

       OR

       (b)     the immediately preceding 12 months

       before the expected date of delivery, or the date of assuming care of a child under 6 years old with a view to adoption.  An employee whose
       hours of work have changed may not meet the hours of work test for the preceding 12 month period, but may meet the criteria on the basis of
       the immediately preceding 6 month period.

In both cases the entitlements above apply except:

• Where the employee’s position cannot be kept open because a temporary replacement is not reasonably practicable due to the key position occupied within the employer’s enterprise by the employee

       OR

• Because of the occurrence of a redundancy situation 

In determining whether or not a position is a key position the Act states that regard may be had, among other things to:

       (a)  The size of the employer’s enterprise

       (b)  The training period or skills required in the job

It should be noted that ‘key positions’ are few and far between.

Duration of maternity leave

Maternity leave may be taken for a period not exceeding 14 weeks except where a medical practitioner has directed or the employer has agreed, that the female employee may begin maternity leave early. If so directed the employee is entitled to at least 8 weeks leave after the date of delivery. 

Maternity leave may begin:

       (a)    up to 6 weeks before the date of delivery if the female employee has given her employer not less than 21 days notice in writing of that date. 
                In the case of adoption maternity leave may not begin earlier than the date on which the employee first assumes care of a child with the view
                to adopt; or

       (b)    on any date before the date of delivery that is agreed between the female employee and her employer; or

       (c)    on a date specified by the female employee’s lead maternity carer if the lead maternity carer certifies that in his or her opinion the employee
                should begin her maternity leave on that date and the employee gives the certificate to her employer; or

       (d)    on a date appointed by her employer if the employee is unable, by reason of her pregnancy to perform her work to the safety of herself or
                others, or is incapable of performing her work adequately and there is no other suitable work available.

Special leave during pregnancy

A female employee who is pregnant is entitled to 10  days special leave without pay for reasons connected with her pregnancy.

Ability to perform work during pregnancy

Where, by reason of pregnancy, an employee is unable to perform her work to the safety of herself or others or where she is incapable of performing her work the employer may temporarily transfer her to another job.

Paternity leave

(In this section "spouse" refers also to partners in same sex relationships.)

An employee:

• Who is the spouse of a pregnant woman
• Who assumes or intends to assume the care of the child of the pregnancy or;
• Who assumes, with a view to adoption, the care of a child under 6years of age

is entitled to paternity leave for 1 continuous period not exceeding

        (a)    2 weeks if he or she has worked for the same employer for the immediately preceding 12 months for at least an average of 10 hours per week
                including at least 1 hour per week or 40 hours per month)

OR

        (b)   1 week if he or she has worked for the same employer for the immediately preceding 6 months for at least an average of 10 hours per wek
                including at least 1 hour per week or 40 hours per month)

 Partner’s/Paternity leave of 1 week may be extended where:

        (a)     the mother transfers parental leave payment to the spouse/partner who qualifies for parental leave on the basis of 6 month’s service
                 with the same employer. The spouse’s partner’s/paternity leave is increased by the number of week’s payment that is transferred to
                 him or her by the mother (but may not exceed 14 weeks, excluding any period of partner’s/paternity leave taken).

        (b)     The employee adopts a child alone, or adopts jointly and is nominated as principally entitled to receive parental leave payments. 
                 The partner’s/paternity leave is extended to the lesser of 14 weeks or the time the employee receives the payment

Paternity leave can be started up to 21 days before the expected date of delivery or up to 21 days after birth or adoption.