Postponement of Maternity Leave in the Event of Serious Illness

INTO welcomes the publication yesterday of Information Note TC0001/2025, which provides for the postponement of maternity leave when a teacher is receiving treatment for a serious health condition.

Following a resolution from Annual Congress in 2024, the union engaged with the Irish Cancer Society to actively support and promote its #LeaveOurLeave campaign, which sought amendments to the Maternity Protection (Amendment) Act 2004 to allow women who receive a cancer diagnosis during pregnancy or postpartum to defer their maternity leave while receiving life-saving treatment. The union extends its gratitude to all members who contributed to the campaign by sending correspondence to political representatives.

On 24 October 2024, the Maternity Protection, Employment Equality and Preservation of Certain Records Act 2024 was enacted. The Act provides for the postponement of maternity leave due to a serious risk to the life or health, including the mental health, of an employee. The section providing for the postponement came into operation on 20 November 2024.

The Information Note published yesterday outlines the process for teachers, including the application procedures.

Information Note TC0001/2025 – Key Provisions

  • A teacher with a serious health condition may choose to postpone all or part of her statutory 26-week maternity leave entitlement in order to avail of a period of sick leave;
  • Postponement may last for a period of between five and 52 weeks;
  • An application form at Appendix A will be required to be completed and should be supported by a medical certificate from the relevant medical practitioner;
  • A second postponement may be requested but must follow immediately from the first postponement;
  • A teacher will also be required to make contact with the Department of Social Protection to inform them of her intention to postpone maternity leave.

Full details of the eligibility criteria and application process are set out in Information Note TC0001/2025.