Maternity leave for premature births: New rules and employer guidance

As of 1st October 2017, Ireland introduced an important change to maternity leave entitlements for mothers of premature babies. This update to the premature birth maternity leave Ireland regulations, under the Maternity Protection Acts 1994 and 2004, extends the period for which maternity benefit is paid. A premature birth is defined as a birth occurring before 37 weeks of gestation, with an estimated 4,500 babies born prematurely in Ireland each year.

The maternity law update 2025 ensures that these provisions continue, providing crucial support for families.

Premature birth maternity leave Ireland: What has changed?

The maternity law update 2025 continues to allow mothers of premature babies to benefit from this extended maternity leave. Under the current law, a mother is entitled to 26 weeks of paid maternity leave and an additional 16 weeks of unpaid leave. Maternity leave typically begins two weeks before the expected due date or on the date of birth, whichever is earlier.

However, with the maternity law update 2025, mothers of premature infants can now have their paid maternity leave extended. This extension covers the period between the actual date of birth and the date when their maternity leave was originally expected to start.

How does the extension work?

For example, if a baby is born at 30 weeks of gestation, the mother will receive an additional 7 weeks of maternity leave and benefit. This is calculated from the actual birth date to the two weeks before the expected date of confinement. This extended period is added to the standard 26 weeks of paid maternity leave, allowing the mother more time at home with her baby after their discharge from hospital.

This is a key aspect of the premature birth maternity leave Ireland policy.

Maternity benefit for premature births: How to claim

Mothers eligible for the extended premature birth maternity leave Ireland should contact the Department of Social Protection (DEASP) to arrange this additional payment. It is important to contact the DEASP as soon as possible and provide necessary documentation, such as:

• A doctor’s note confirming the baby’s birth date and gestation at birth.

• The mother’s PPS number and the baby’s expected due date.

This process is crucial for mothers to ensure they receive the full entitlement available under the law.

Why this law matters

Babies born prematurely, sometimes as early as 23 weeks, can face extended stays in neonatal units. This can drastically reduce the amount of time mothers spend with their newborns at home. By extending maternity leave in cases of premature birth, this law provides vital support for parents during what can be an incredibly stressful time.

This extension is a positive step forward in Ireland’s HR leave policies, acknowledging the need for more flexibility and support for parents of premature babies. It is a critical part of Ireland’s ongoing commitment to supporting families and improving child welfare, particularly for those facing the challenges of premature birth.

Key takeaways for employers and HR departments

Employers must ensure their HR leave policies are up to date and compliant with the latest maternity law update 2025. Understanding the rights of employees who experience a premature birth is vital for maintaining compliance with Irish maternity legislation.

It is also recommended that employers familiarise themselves with the specific requirements for providing the additional maternity leave entitlements. This ensures that employees are properly supported and that all administrative steps are followed for seamless processing of benefits. Effective management of HR leave policies is essential in these situations.

For further information or assistance with premature birth maternity leave Ireland, mothers and employers can refer to the official resources provided by the Department of Social Protection and the Citizens Information website.

This content may have been developed with the assistance of AI tools. Content is reviewed by a member of the Bright team before publication. Guidance on legislation can be obtained from your industry body.