Maternity Protection, Employment Equality and Preservation of Certain Records Act 2024

Ireland’s Maternity Protection, Employment Equality and Preservation of Certain Records Act 2024 brings significant changes to employment law in the country, with a focus on protecting the rights of employees, especially in the context of maternity, family leave, and equality. The Act consolidates various provisions into a single framework to improve transparency, ensure equality in the workplace, and maintain clear records related to maternity rights and employment history. By strengthening protections for women and employees in general, the legislation aims to create a more inclusive, supportive, and equitable working environment.

Key requirements include:

• Maternity Protection: The Act enhances the existing maternity protection laws by extending paid maternity leave, ensuring that all employees have the right to take sufficient time off for maternity purposes without losing their job or income. It introduces provisions for additional leave for parents in the case of premature births, multiple births, or other exceptional circumstances, providing flexibility for families during critical times. Employers must also offer reasonable accommodations for employees returning from maternity leave, including the right to request flexible working hours or arrangements to support a smoother transition back to work.
• Employment Equality: The Act strengthens employment equality provisions, specifically focusing on reducing gender-based discrimination and promoting equal opportunities in the workplace. It establishes clear guidelines on pay transparency, ensuring that all employees are treated equally regardless of gender, with mechanisms in place to address and rectify any disparities in pay. The law mandates that companies must actively demonstrate their commitment to equality through diversity training programs, reporting on gender pay gaps, and implementing policies that promote an inclusive workplace culture.
• Preservation of Certain Records: A significant provision of the Act is the requirement for businesses to maintain and preserve specific employment records for a defined period. These records must include:
• • Documentation of maternity leave taken, including dates and duration.
  • Records of employment contracts, job titles, and pay history.
  • Any reports or documentation related to employment disputes or claims.
• These records are intended to ensure compliance with employment laws and to provide an accessible reference in the event of legal disputes or audits. The preservation period for these records is set at five years, ensuring that historical information can be reviewed and used when needed.
• Health and Safety Provisions: The Act includes provisions for the health and safety of pregnant employees, including the right to avoid hazardous work conditions and access to appropriate breaks or facilities. Employers are required to conduct risk assessments for employees who are pregnant or breastfeeding, ensuring that their roles do not expose them to risks that could harm their health or that of their child.
• Parental Leave and Support: In addition to maternity leave, the Act makes provisions for extended parental leave, allowing both mothers and fathers to take time off to care for their child. The Act supports a more equitable approach to parental leave, encouraging both parents to take time off work and share caregiving responsibilities.
• Anti-Discrimination Measures: The Act prohibits discrimination on the basis of pregnancy, maternity, or family status in hiring, promotions, and workplace conditions. It also creates stronger protections against harassment related to pregnancy, maternity leave, or caregiving responsibilities, ensuring that employees can take maternity leave without fear of negative repercussions at work.

The Maternity Protection, Employment Equality and Preservation of Certain Records Act 2024 came into force on the 28th of October 2024 and applies to the Republic of Ireland.