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THE ISSUE OF women who are returning from maternity leave in March not being eligible for the government’s Temporary Wage Subsidy Scheme has been referred to the Irish Human Rights and Equality Commission.
The Temporary Wage Subsidy Scheme was introduced to try to prevent employees from losing their jobs due to the economic impacts from the Covid-19 pandemic.
But, in order to be eligible for the scheme, employees need a pay slip from January or February this year.
This would mean that women who are returning from paid maternity leave would be earning less than their normal pay package, and women who are on unpaid maternity leave wouldn’t be eligible for the scheme at all.
This anomaly would also affect people who are on illness benefit or off-pay leave, and has been criticised as having the “potential to be discriminatory”.
In cases like this, Revenue has advised employers to either “operate the scheme based on Average Revenue Net Weekly Pay for January/February 2020″, which women who are returning from unpaid maternity leave cannot, or else “pay the employee the appropriate wages without receiving a subsidy refund”.
Trade unions Siptu and Ictu, the National Women’s Council of Ireland (NWCI), and a number of TDs have raised this issue with the government.
The NWCI said that it has written to the Finance Minister Paschal Donohoe about the issue, but according to the NWCI, Minister for Finance Paschal Donohoe replied to say that his approach to the matter will not be changing.
As a result, the NWCI has now referred the issue on to Irish Human Rights and Equality Commission in relation to the exclusion of women returning from maternity leave from the scheme.
“Women on maternity leave have a heightened level of protection and therefore cannot be placed in the same category as employees, for example, who commenced a new employment after that date, or returned to the payroll of his or her employer after that date following a period of unpaid leave,” wrote Orla O’Connor of the NWCI.
However, this is the argument that the Minister has put forth.
“We believe that this approach is not in compliance with the Maternity Protection Act 1994 which provides that women on maternity leave are entitled to be treated as if they had been at work during their maternity leave.”
She added that the organisation believed the exclusion wasn’t in line with the requirements of the Public Sector Equality and Human Rights Duty.
“We do not believe that the Department of Finance was acting in accordance with their obligations under this duty when they formed this policy.”
The NWCI asked the IHREC to consider the matter.
In a statement to TheJournal.ie, the IHREC said:
The Irish Human Rights and Equality Commission is aware of this issue related to maternity leave through public contacts with our own “Your Rights” service, as well as through the NWCI’s letter.
It is a matter of concern, and the Commission will be examining this issue in detail.
It’s estimated that around 20,000 women claim maternity leave benefits each year, and around half of this cohort do not receive top ups from their employer.
Although the issue only affects women who have been on maternity leave in January and February, and returned to work in March, April or May, as time goes on and more women return to work, the number of women it affects will increase.
On Wednesday, Taoiseach Leo Varadkar said that the Temporary Wage Subsidy Scheme would be extended beyond June, and that it would continue for longer than the Pandemic Unemployment Payment.
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Remember this only impacts women who do not receive company top ups on their mat leave pay so lowest paid . At an absolute minimum they should have their maternity extended as they can’t go back to their jobs . The gov showed how fast they could move by creating the pandemic payment so they need to address this anomoly.
@Laura Grimes: I agree that this anomaly needs to be addressed immediately as someone who has recently returned from Mat leave. However, it affects more than just low paid workers as those who have been on unpaid leave prior to returning to work will also be disproportionately affected.
@Laura Grimes: no it also affects women whose wages were topped up by their employer during maternity leave because Revenue are only considering the top-up amount and not taking into account the maternity benefit which makes up their total wage. On top of this it affects men on paternity benefit for three weeks over January or February.
I often wonder why the government have to be dragged kicking and screaming to adjudication before they relent and do the right thing, it just wastes more time and money (ours) before they are made to put it right, ..and followed by the usual apologises.
@Honeybee: because they’re just waiting for you to give up and forget about it…
This applies to men as well who were on paternity leave as well as anyone, male or female, who was on reduced or no pay in Jan or Feb 2020.. it is not related to maternity leave or women alone… This is not saying it is just or correct but I hope that men will be treated equally here too…
@Niall Ó Cofaigh: Yes for the love of god let’s hope the men are treated equally here, because they always have to end their careers and take on the burden of childcare, it’s society’s most pressing issue today!
@Niall Ó Cofaigh: paternity leave is 6 weeks, so you would have at least one payslip from January or February. Non-issue
@Julian Friesel: What about people who might have been on sick leave, with say a heart attack? It does seem so obviously unjust and I don’t see why anyone would have to bring it to court to get it corrected.
This is discrimination they could just use the last full pay slip they had before they started maternity leave
@Buster Cat: You’re actually on to something there when you think about what you’ve said and the whole Covid19 payment scheme.
Television gives us a window on the world so why hasn’t the Irish Human Rights Commission objected to the laws restricting our right to own a television The government insists that those in direct provision have access to sky tv because government considers access a human right issue
@Richard Russell: What law restricts our right to own a tv, this is a new one to me?????
@Tony Harris: Tony you need a tv licence to own a tv
@Richard Russell: and that is a law that restricts your rights? I see without a tv you are making your own drama!
I came off work for an operation which was cancelled due to the pandemic. I stopped work 2 week before covid payment came in.Im stuck on 203 euro until i can have it. Until then i recieve €239 per week for me and 2 kids. My wife has 2 weeks left on maternity so we will loose out double. Ive worked for years. I Feel robbed.
@james kelly: to clarify i am on sick leave not the dole. Have health insurance but my job are not helping me. Even took my diesel card and toll tag until i come back
@james kelly: That’s wrong too – I’m sure anyone in your situation can do with an equal payment. I hope you get your operation as soon as possible.
And none of these unions TDs etc batted an eyelid when the covid payment wasn’t given to job seekers many who would have had payslips from January and February
have your say