A guide to maternity leave for second-level teachers in Ireland.
Maternity Entitlements
All pregnant teachers, who give birth to a living child, or who reach their 24th week of pregnancy, are entitled to 26 weeks maternity leave and 16 weeks additional unpaid maternity leave. The teacher may also be entitled to Extended Maternity Leave for Premature Birth (where applicable).
Maternity leave will ordinarily begin on such day as the pregnant teacher selects, unless medically certified that the leave should commence on a particular date. However, the commencement date must not be later than 2 weeks before the end of the week of the baby's expected birth and four weeks must be taken after the end of the week of the baby's birth. For these purposes, Saturday is regarded as the end of the week (ie: count your weeks commencing on a Sunday and ending on a Saturday)
If the birth occurs in a week before a teacher has commenced her maternity leave then the maternity leave must commence immediately and the employer must be informed.
o In the event of a stillbirth, or miscarriage, any time after the 23rd week of pregnancy, or where the child has a birth weight of at least 400 grams, full Maternity Leave entitlements apply.
Extended Maternity Leave and Benefit for Premature Birth
The Maternity Protection Acts, as amended, provide for extended Maternity Leave in the case of a premature birth.
Extended Maternity Leave for Premature Birth is the period between the actual date of birth of the premature baby and 2 weeks before the end of the week in which the baby was due.
The extended Maternity Leave for Premature Birth will commence at the end of the standard 26 week period of paid statutory Maternity Leave.
The teacher should:
- Contact Maternity Benefits section of DEASP at the earliest opportunity but no later than the end of the 26th week of statutory Maternity leave in order to claim any additional Benefit due to the premature birth.
- Provide the DEASP with a letter from the Hospital (or a birth certificate) confirming the child's actual date of birth and the number of weeks gestation at which the child was born. The DEASP will assess claim and confirm in writing if there is any additional entitlement to Maternity Benefit due.
- Provide the employer with a copy of the DEASP confirmation letter.
The employer then contacts the Department/ETB with details of the premature birth. Based on this information, the Paymaster will calculate any entitlement to extended Maternity Leave due to Premature Birth.
Statutory Additional Unpaid Leave
Commencing on the day immediately following completion of paid maternity leave, a teacher has the option to take a maximum of 16 consecutive weeks statutory additional unpaid maternity leave.
A teacher who avails of statutory additional unpaid maternity leave may be entitled to receive PRSI credits.
Application forms for Maternity Leave Credits are available from the DSP.
Non Statutory Additional Unpaid Leave to the end of the school year.
A teacher who, on completion of maternity leave and statutory additional unpaid maternity leave, may apply for non-statutory additional unpaid maternity leave to the end of the school year. In the context of this leave, the end of the school year is taken to mean August 31st.
This leave is not a statutory entitlement and is subject to obtaining written sanction from the employer at least six weeks in advance of an intention to avail of this leave.
Sequence in which leave must be taken
a. Maternity Leave (26 weeks)
b. Extended Statutory Maternity Leave for Premature birth, where applicable.
c. Any statutory additional unpaid maternity leave (maximum of 16 weeks)
d. Non-statutory additional unpaid maternity leave to the end of the school year (to Aug 31st)
Application Procedure
Application for all types of maternity leave both paid and unpaid should be made by teachers to their employer at least 6 weeks in advance of commencement of the leave. The application form should be submitted along with a medical certificate confirming the pregnancy and stating the date of the baby's expected birth.
Employers application form is located at Circular 0054/2019 Leave Schemes - Chapter Two - Appendix A.
In order to claim maternity benefit, the teacher is responsible for completion of the Department of Social Protection form (MB1/MB2 Form) and should ensure the completed form is submitted directly to the DSP at least six weeks prior to commencement of the leave.
The completed MB1/MB2 should not be sent to the Department of Education.
Maternity benefit payment is treated as taxable income.
Non-Permanent Teachers
Non-Permanent teachers may be entitled to maternity benefit from the Department of Social Protection.
To qualify for Maternity Benefit you must satisfy one of the following PRSI contribution conditions. You must have:
(a) at least 39 weeks PRSI* paid in the 12 month period before the first day of your maternity leave;
or
(b) at least 39 weeks PRSI* paid since first starting work and at least 39 weeks PRSI paid or credited in the Relevant Tax Year.
or
(c) 26 weeks PRSI* paid in the Relevant Tax Year and 26 weeks PRSI paid in the Tax Year prior to the Relevant Tax Year.
* Only PRSI Classes A, E and H count
Statutory Annual Leave / Public Holiday Entitlement
The statutory entitlement to annual leave is 20 days plus public holidays, as teacher holidays exceed the statutory entitlement the Department of Education's obligation to give back days in lieu for annual leave and public holidays is normally met through existing school closures.
When availing of statutory maternity leave and if there are not enough school closure days in the leave year to absorb all annual leave entitlements, it is permitted to take the necessary days immediately before the maternity leave in the same year. Alternatively, teachers will be permitted to carry the balance forward to the following leave year but must then take these days during school closures. Teachers who resign/ retire or their employment ceases may be entitled to additional payment in lieu of their accrued leave.
Time off for ante-natal care appointments, post-natal care appointments and attendance at ante-natal classes
Pregnant teachers are entitled to time off work, without loss of pay, to:
a. attend medical appointments related to ante-natal care,
b. attend one set of ante-natal classes in a working career, other than the last 3 classes in such a set, and
c. attend medical appointments related to post-natal care within 14 weeks of the birth.
An expectant father is entitled to time off work, without loss of pay, to attend the last two ante-natal classes in a set attended by the pregnant mother.
Two weeks notice should be given for each absence referred to above and appropriate certification provided.
Replacement Contracts
All absences covered under maternity entitlements are substitutable. Contracts awarded to cover these absences should make clear reference to the fact that there are circumstances where the replacement appointment may have to be terminated in the event of the absent teacher returning to duties earlier than initially expected (e.g. an absent teacher postpones part of the maternity leave due to the hospitalisation of the new-born baby).
Pregnancy Related Sick Leave
Please refer to Circular Letter 0013/2024 Sick Leave Scheme - for further information on pregnancy related illness provisions.
Fixed Term/ Fixed Purpose Appointments
A teacher who is on a fixed-term/fixed purpose contract of employment shall have full maternity leave entitlements during the term of the contract. The granting or taking of maternity leave entitlements should not affect a fixed term/fixed purpose appointment or the renewing of such an appointment.
Resumption of Duties
The employer should provide the absent employee with a written statement of their absence and expected date of resumption of duties. Four weeks before the teacher is due to return to the workplace, written notice should be given to the employer confirming the intention to resume duties from that date.
Breastfeeding Breaks
Within a 104 week period after the birth of a child, a teacher who has returned to work may avail of breastfeeding breaks without loss of pay for up to one hour per day for the purpose of breastfeeding or lactation.
Application for breastfeeding breaks must be made by the teacher at least 4 weeks in advance of the planned commencement date using the Application Form at Appendix A of circular letter 0052/2023, accompanied by a copy of the relevant child’s birth certificate.
The Application Form must be re-submitted prior to the start of each subsequent school term during which the teacher continues to breastfeed and therefore intends to avail of breastfeeding breaks.
Breastfeeding breaks may be taken in the form of;
- one break of 60 minutes, or
- two breaks of 30 minutes each, or
- three breaks of 20 minutes each.
The employer should take reasonable measures to facilitate the pattern of breastfeeding breaks as requested, but must ensure the educational, welfare and care needs of students takes precedence.
Where it is not possible for the employer to facilitate the breastfeeding breaks pattern, as initially requested by the teachers, alternate patterns must be explored and agreed upon.
For full details on Breastfeeding Breaks please refer to circular letter 0052/2023.
For full details on all aspects of maternity leave entitlements. please refer to Circular Letter 0054/2019 - Leave Schemes - Chapter 2.
Postponement of Maternity Leave due to Serious Health Condition
Since the 20th of November 2024, a teacher can choose to postpone all or part of their statutory 26 week Maternity Leave entitlement.
Where a teacher satisfies the criteria detailed below, they will be able to postpone their Maternity Leave for a minimum of 5 weeks and up to a maximum of 52 weeks.
The normal terms and conditions of the Sick Leave Scheme as outlined in Circular 0013/2024 will apply for the duration of the postponement.
Eligibility Criteria:
In order to be eligible, the teacher must have a serious health condition - meaning a health condition that:
a) entails a serious risk to the life or health, including the mental health, of a teacher, and
b) in order to address the risk, requires necessary medical intervention that is ongoing for a period of time to be carried out in respect of the teacher.
Necessary medical intervention, in relation to mental health, is defined as inpatient hospital treatment, under the provisions of the Maternity Protection, Employment Equality and Preservation of Certain Records Act 2024.
The serious health condition must be certified by the teacher’s relevant medical practitioner. A relevant medical practitioner is defined as:
“for the time being registered in the Specialist Division of the register of medical practitioners pursuant to section 47 of the Medical Practitioner Act 2007 and is a specialist in a medical speciality recognised by the Medical To: The Managerial Authorities of Recognised Primary, Secondary, Community and Comprehensive Schools and The Chief Executives of Education and Training Boards Council under section 89 of that Act, and is treating, or is responsible for the treatment of, the relevant teacher concerned in relation to the serious health condition concerned.
Application Procedures
The teacher must complete the Application Form at Appendix A of Information Note 0001/2025 to apply for postponement of Maternity Leave due to Serious Health Condition.
Where a teacher is employed by an ETB, there may be an online facility to make an application for Postponement of Maternity Leave due to Serious Health Condition, rather than completion of the Application Form at Appendix A.
The teacher must provide a medical certificate from their relevant medical practitioner that confirms:
a) The teacher meets the eligibility criteria detailed above, and
b) The start and end date of the proposed postponement.
The application form must be submitted to the employer no later than two weeks before the intended postponement date.
Once the application has been approved by the employer, the employer should submit the completed application form and the written approval of the employer, to [email protected] for recording on the OLCS.
In the case of ETB schools, the employer should record the approved absence on the relevant ETB system.
The written approval from the employer must be on headed paper and state:
a) The teacher is entitled to the postponement of Maternity Leave due to a serious risk to their life and health and
b) The date on which the postponement of Maternity Leave is to commence and
c) The date on which the Maternity Leave is intended to resume.
Where a teacher is employed by an ETB, approval may be generated electronically where the application was through the ETB electronic system.
The normal terms and conditions of the Sick Leave Scheme will apply for the duration of the postponement and the employer will remain responsible for the recording of the sick leave absence.
For further information on Postponement of Maternity Leave due to Serious Health Condition please refer to Information Note 0001/2025.
