Dáil Éireann Debate, Tuesday - 23 April 2024
253. Deputy Paul Kehoe asked the Minister for Education if her Department is considering changing the maternity leave policy to include surrogacy leave after the Health (Assisted Human Reproduction) Bill 2022 is passed, following the unanimous passing of a motion at a congress meeting (details supplied); and if so, when is this likely to happen; and if she will make a statement on the matter. [17298/24]
View answerThe Maternity Leave Scheme for teachers, as contained in the Department’s Circular Letter 0054/2019 (Chapter 2), is regulated by the Maternity Protection Act, 1994 as amended.
A pregnant teacher who gives birth to a living child is entitled to 26 weeks statutory paid Maternity Leave and 16 weeks statutory additional unpaid Maternity Leave. The teacher may also be entitled to Extended Maternity Leave for Premature Birth (where applicable).
Leave entitlements for public servants, including teachers, are determined by the Department of Public Expenditure, National Development Plan Delivery and Reform. Under Section 24 of the Education Act 1998, the Minister for Education, with the concurrence of the Minister for Public Expenditure, National Development Plan Delivery and Reform, is authorised to determine the terms and conditions of employment for teachers employed in approved teaching posts funded by monies provided by the Oireachtas.
Currently, as there is no legislative entitlement to surrogacy leave in Ireland, there is no overarching civil service or public sector policy pertaining to leave entitlements for surrogate parents.
The department is aware of the Health (Assisted Human Reproduction) Bill. However until the relevant legislation is enacted by the government, the department is unable to progress with the development of this leave scheme.
