Articles
The Maternity Protection, Employment Equality, and Preservation of Certain Records Act 2024 introduced significant changes to the Employment Equality Act 1998, particularly regarding non-disclosure agreements (NDAs).
The Act restricts the use of non-disclosure provisions in cases involving allegations of discrimination, victimization, harassment, or sexual harassment. NDAs that prevent employees from disclosing these allegations or actions taken in response to them are now void, except under specific circumstances outlined in the Act.
NDAs will remain valid if they are part of a WRC mediation or meet the criteria of an "excepted" NDA. For an NDA to be "excepted”, the employee must request the NDA and receive independent legal advice, the cost of which must be covered by the employer.
Employment Law & Benefits in 2025
Mason Hayes & Curran | Dec 2024
The Act amends maternity protection legislation to allow an employee to postpone maternity leave in the event of a serious health condition.
An employee who is pregnant or on maternity leave may postpone their maternity leave if they have a serious health condition. This is a health condition which:
- entails a serious risk to an employee’s life or health, including mental health; and
- requires necessary medical intervention that is ongoing for a period of time.
Under the Act, “necessary medical intervention” in relation to mental health is defined as inpatient hospital treatment. The Act does not apply the same limitation to physical health conditions.
If an employee wishes to postpone their maternity leave, they are required to notify their employer in writing and provide a medical certificate at least two weeks before the start of the postponement period. Maternity leave may be postponed for up to 52 weeks initially and by a further additional period in certain circumstances.
Ireland updates maternity leave law and restricts use of NDAs
Pinsent Masons | Nov 2024
Upcoming Employment Law Changes for 2024/25 and Beyond
Collier Broderick | Sep 2024
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