FAQ on maternity rights

When can I start OML?
You can start 11 weeks before the week your baby is due – that’s the earliest date. But, if you want to, and your health is good, then you can work right up to the day your baby is born. If, during the last six weeks before your baby is born, you are absent because of a pregnancy-related illness, then your employer may decide to start your maternity leave from that date.

When must I return from OML?
Your employer will assume that you will return to work at the end of your 18-week maternity leave, so you don’t have to give any notice of your return and you can expect to come back to the job you left.

If, at the end of your OML, you are sick and cannot return to work, then your employer’s normal sickness policy will apply. If you think this is going to cause difficulties with your employer, ask for advice from your union (if you have one), the Equal Opportunities Commission, or a specialist solicitor.

If you decide that you would like to go back to work before the 18 weeks are up, you must give your employer 21 days’ notice in writing, stating the date on which you intend to return.

Do I still have contractual rights when I am on OML?
Yes you do. You have all your usual contractual rights (pension, holiday entitlement, company car, mobile phone, etc) except for wages or salary.

Can I return to my old job when I come back from OML, even if I work for a small company?
The answer to this is yes – even if your employer has fewer than five employees.