Returning to Work After Maternity Leave in Ireland: Your Rights

Returning to work after maternity leave is a significant adjustment, both emotionally and logistically. In Ireland, understanding your legal rights around Keeping in Touch (KIT) days, flexible working requests, and childcare timing can make the transition far smoother. Here's a practical guide for 2025.

What are Keeping in Touch (KIT) days and how many can I use?

KIT days let you work up to 10 days during your maternity leave without losing any maternity benefit for that week, and without ending your leave early. These days are entirely optional and require mutual agreement between you and your employer; you cannot be forced to work them, and your employer cannot require them as a condition of your leave. KIT days are useful for attending training, handover meetings, or simply staying connected with the workplace before your full return. Note that separate "Keeping in Touch" style days also exist for parent's leave and other statutory leave types, so check which scheme applies to your specific leave.

What are my rights around returning to the same job?

Under the Maternity Protection Acts 1994-2004, you are entitled to return to the same job you held before your leave, on the same terms and conditions, including pay, seniority, and pension rights, as if you had not been absent. If your original role genuinely no longer exists due to restructuring, your employer must offer you a suitable alternative role on terms no less favourable. This is a strong legal protection, and if you believe your rights have been breached you can raise a complaint with the Workplace Relations Commission (WRC).

Can I request flexible working when I return?

Yes. Under the Work Life Balance and Miscellaneous Provisions Act 2023, parents of children up to age 12 (or up to 16 for children with a disability or long-term illness) have a statutory right to request flexible working arrangements, such as remote work, compressed hours, or adjusted start and finish times. Your employer must consider the request and respond in writing, though they are not obliged to grant it if there are genuine business reasons not to. It's worth submitting this request formally, in writing, at least 8 weeks before you intend the arrangement to start, referencing the Act specifically.

How do I time childcare around my return-to-work date?

Standard maternity leave in Ireland is 26 weeks, plus up to 16 weeks of additional unpaid leave, giving a maximum of 42 weeks off if you take the full entitlement. Childcare places, particularly in popular creches in Dublin, Cork, Galway and Limerick, often have waiting lists of many months, so the general advice is to secure or confirm your childcare place as early as possible, ideally as soon as you know you're pregnant for high-demand areas. Confirm your actual return-to-work date with your employer at least 4 weeks in advance, as required by law, and align your childcare start date a few days before your first day back to allow a settling-in period.

A practical return-to-work checklist

Roughly 8 to 12 weeks before returning: confirm or finalise your childcare arrangement and start date. About 6 to 8 weeks before: consider whether to use any KIT days for a handover or refresher. At least 4 weeks before: give your employer formal written notice of your exact return date, as required under the Maternity Protection Acts. If you want flexible working, submit that request in writing around the same time, referencing the Work Life Balance Act 2023. In the final week: do a trial run of the school or creche drop-off and your commute, and confirm your first week's schedule with your employer in writing so expectations are clear on both sides.

Frequently Asked Questions