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Maternity Protection Acts
Updated June 2026

🤰 Can I get maternity leave in Ireland?

Yes
Quick answer

Yes — every pregnant employee is entitled to maternity leave, with a State benefit if your PRSI qualifies. You get 26 weeks' maternity leave, plus an optional further 16 weeks unpaid. Maternity Benefit is paid by the Department of Social Protection at €289 a week for the 26 weeks if you have enough PRSI; the extra 16 weeks are unpaid. You must take at least 2 weeks before and at least 4 weeks after the birth, and give your employer at least 4 weeks' written notice with a medical certificate of the due date. Even without enough PRSI you keep the right to the 26 weeks' leave — just no benefit. You're entitled to return to the same job, and dismissal for pregnancy is automatically unfair. In short: yes — 26 weeks plus 16 unpaid, with €289/week if you qualify.

📋 The rules

  • 26 weeks' leave plus 16 weeks unpaid
  • Maternity Benefit is €289/week for the 26 weeks
  • Need enough PRSI for the benefit
  • At least 2 weeks before, 4 after the birth
  • Give 4 weeks' written notice with a medical cert

🔓 Exceptions

  • No PRSI: you keep the leave but get no Maternity Benefit
  • A premature birth brings extra Maternity Benefit
  • Illness during the unpaid 16 weeks can't be covered by Illness Benefit until leave ends

⚠️ Penalties & fines

Maternity Benefit is a flat €289 a week for the 26 weeks (156 days), paid if you have at least 26 weeks' PRSI in the relevant tax year and 26 in the year before. You're entitled to return to the same job, and your other rights — including accrual of annual leave and public holidays — continue during both the paid and unpaid leave. Dismissal for pregnancy or for taking maternity leave is automatically unfair under the Unfair Dismissals Acts, with no minimum service required. Beware a myth: "Maternity Benefit replaces your full salary" is false — it's a flat €289 a week, and any top-up to your normal pay is entirely at your employer's discretion. To take it: give your employer 4 weeks' notice with a medical certificate, and apply to the DSP for Maternity Benefit in good time.

📎 Official sources

Last verified: 2026-06-20

❓ Frequently asked

How much maternity leave am I entitled to?

Every pregnant employee is entitled to 26 weeks of maternity leave, plus an optional further 16 weeks of unpaid leave. You must take at least two weeks before the birth and at least four weeks after it. The 26 weeks can attract Maternity Benefit if you have enough PRSI; the additional 16 weeks are unpaid.

How much is Maternity Benefit?

Maternity Benefit is paid by the Department of Social Protection at €289 a week for the 26 weeks of paid maternity leave, provided you have enough PRSI contributions. It's a flat rate, not a percentage of your salary. Some employers top it up to your normal pay, but that's at their discretion and not a legal requirement.

What if I don't have enough PRSI?

If you don't have enough PRSI contributions, you keep your right to the 26 weeks of maternity leave, but you won't receive Maternity Benefit. In some cases, if your employer continues to pay you and deduct PRSI, you may still qualify. It's worth checking your contribution record with the Department of Social Protection.

Can I be dismissed while on maternity leave?

No. Dismissing an employee because of pregnancy or because she took or proposed to take maternity leave is automatically unfair under the Unfair Dismissals Acts, with no minimum service requirement. You're also entitled to return to the same job, and your annual leave and public-holiday entitlements continue to accrue during the leave.

How much notice do I give my employer?

You must give your employer at least four weeks' written notice before the start of your maternity leave, along with a medical certificate confirming the expected date of birth. Giving notice in good time lets your employer arrange cover and ensures your leave and any benefit are properly set up before you go.

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