Maternity leave entitlement for an agency worker?

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ItsMrsBurkenow Posts: 665
Hi All Just wondering if anyone out there works for a recruitment agency and is going on maternity leave? I work for a recruitment agency and have been temping in a particular company for the last 2 years (its more of a long term temp thing as there is a recruitment ban). I have just started maternity leave and queried any bank holidays and annual leave entitlements with my employer and was told that i was not entitled to them throughout my maternity leave as I am only a temp! (normally they would get added on at the end?) Can anyone help me on this. I read on citizen information that all working women, regardless of agency, are entitled to mat leave so i would presume this would include the bank hols and AL that you wudda been entitled to had you been still working?? [b:1ij5b11s]Quote on citizen info: If you become pregnant while in employment in Ireland, you are entitled to take maternity leave. The entitlement to a basic period of maternity leave from employment extends to all female employees in Ireland (including casual workers), regardless of how long you have been working for the organisation or the number of hours worked per week. You can also avail of additional unpaid maternity leave. The Maternity Protection Act 1994 and the Maternity Protection (Amendment) Act 2004 provide your statutory minimum entitlements in relation to maternity at work including maternity leave. Public holidays and annual leave You are entitled to leave for any public holidays that occur during your maternity leave (including additional maternity leave). The right of employees to leave for public holidays is set down in Section 21 of the Organisation of Working Time Act 1997. Apart from pay and superannuation, time spent on maternity leave (including additional maternity leave) is treated as though you have been in employment, and this time can be used to accumulate annual leave and public holiday entitlement [/b:1ij5b11s] Confused yet :-8 :duh: :duh:
AmandaMc Posts: 1813
HI, As far as I know the agency workers directive has come into effect right across the EU- this basically means agency workers get the same rights as perm workers. The main purpose was to remove any exploitation like this- i.e. you have been there for 2 years but still considered a 'temp' with less entitlements etc. There has been a serious lack of communication and consultation with companies (from the gov, IBEC etc) over this new directive. Have you called NERA- they are so helpful and mention the agency workers directive
ItsMrsBurkenow Posts: 665
Thanks Amanda. I will try NERA- have never heard of them but will google now. i just dont trust the agencies word that I am not entitled to my hols accrued during my mat leave. O:|
AmandaMc Posts: 1813
I just went on Nera's website and the first thing I saw was the AWD (agency workers directive): Notice on Temporary Agency Work Directive "With effect from 5 December, 2011, all Temporary Agency Workers are entitled to equal treatment in pay and basic working conditions as if they were directly recruited to the same job by the Hirer. A Bill to give effect to the Directive is being finalised and will be published in December, 2011 effective from 5 December, 2011 with enactment of legislation expected in early 2012. The attached documents give further information." http://www.employmentrights.ie/en/about ... 51,en.html To be honest I'd understand why a typical private company may not understand the AWD as it's been badly communicated but ALL recruitment agencies have known this is coming for a long time- I work in the industry and we've known it was coming for at least 4 years!
ItsMrsBurkenow Posts: 665
Thanks Amanda Was on to them this morning and yes I am entitled to be paid O:| O:| If they dont pay me i have to lodge a complaint with the Rights Commissioner, last thing I need with a baby on the way but I am not letting them away with it!! Goes to show you really need to know your rights!! :eek
AmandaMc Posts: 1813
Fantastic! Good luck dealing with the agency- can't see them risking non compliance tbh so hopefully you won't have to go to any trouble! It's agencies like that giving the industry a bad name (although it's probably a consultant who was never briefed) but bottom line you'll get paid which is the main thing!!
genesis1 Posts: 1
Hi, Was really interested when I saw your post, been looking for info on this for ages with no luck so maybe you can help! Are you entilted to you job back in the same work place after your leave is up or will the agency just find you an "equal job" in a different work place? I have been working in the same place for over a year under an agency, we really want to start trying but afraid I wont have my job in the same place if I get pregnant? Any help would be great! Thanks x
AmandaMc Posts: 1813
Genesis I would call NERA to get accurate info as there is a lot of confusion over the AWD. I would imagine they would get you an 'equal job' but then again the AWD implies total equal rights from day one. It will be interesting to see what happens with temp contracts now as most of the flexibility has now been removed for companies.
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