Maternity Leave in Ireland: Your Full Legal Rights (2026)
Maternity leave is a fundamental employment right in Ireland, providing pregnant employees with paid time off before and after birth and strong legal protection against dismissal or penalisation. This guide explains your full maternity leave entitlements under Irish law in 2025.
Statutory Maternity Leave Entitlement
Under the Maternity Protection Acts 1994 and 2004, every pregnant employee in Ireland is entitled to:
- 26 weeks of basic maternity leave
- 16 weeks of additional maternity leave (unpaid, taken immediately after the 26 weeks)
Total maximum maternity absence: 42 weeks. You do not need any minimum period of service to qualify for maternity leave — it applies from your first day of employment.
When Does Maternity Leave Start?
You must take at least 2 weeks of maternity leave before your expected due date and at least 4 weeks after. Most employees take the full 26 weeks starting 2 weeks before the due date.
Maternity Benefit
During your 26 weeks of basic maternity leave, you may be entitled to Maternity Benefit from the Department of Social Protection, provided you have sufficient PRSI contributions. The current rate (2025) is €274 per week (subject to change). Some employers top up Maternity Benefit to full pay — check your contract.
The 16 weeks of additional maternity leave is unpaid (no Maternity Benefit applies).
Notification Requirements
You must notify your employer of your intention to take maternity leave at least 4 weeks before the expected start date, in writing. You must also provide a medical certificate confirming your pregnancy.
Your Right to Return to Work
You have a right to return to the same job on the same terms and conditions after maternity leave. If this is not reasonably practicable, your employer must offer you suitable alternative work on no less favourable terms. You must notify your employer of your intention to return at least 4 weeks before your return date.
Protection Against Dismissal
Irish law provides some of the strongest protections against dismissal connected to pregnancy. Dismissal of a pregnant employee, or a dismissal connected to maternity leave, is automatically unfair under the Unfair Dismissals Acts — regardless of length of service. Penalisation (demotion, reduction in pay, or other adverse treatment) connected to pregnancy is also prohibited under the Maternity Protection Acts and the Employment Equality Acts.
Additional Rights
- Time off for antenatal appointments: You are entitled to paid time off for antenatal appointments
- Breastfeeding breaks: On return to work, you are entitled to breastfeeding breaks or a reduction in working hours for up to 2 years after the birth
- Annual leave accrual: Annual leave continues to accrue during maternity leave
- Public holidays: You are entitled to benefit from public holidays that occur during maternity leave
Experiencing issues with your maternity rights at work? Book a 30-minute consultation with one of our employment solicitors. Also see our unfair dismissal guide and redundancy rights guide.
This article is for informational purposes only and does not constitute legal advice.
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