This is a legal right rather than a favour, written into Section 18 of the Maternity Protection Act 1994, and it is one of the least-known payments in the Irish system. It exists for a specific and common situation: the job cannot be made safe, and going on maternity leave early is not yet an option.
Quick facts
- Maximum
- €254 a week, on earnings of €300 or more
- First 3 weeks
- Paid by your employer at your normal wage
- Pregnant
- Until the day Maternity Benefit starts
- Breastfeeding
- Up to 26 weeks after the birth
- Night worker
- Up to 14 weeks after the birth
- Taxable
- Yes, but no USC and no PRSI
What it is, and who pays what
"Health and Safety Benefit is a weekly payment for employed women who are pregnant or breastfeeding, and who are granted health and safety leave by their employer."
Health and safety leave happens when your employer cannot remove a risk to your health while you are pregnant or breastfeeding, and cannot give you alternative risk-free duties instead. "The right to health and safety leave from employment is set out under Section 18 of the Maternity Protection Act 1994."
The money comes from two places: "Your employer pays your normal wage for the first 21 days (3 weeks) of your health and safety leave and the Department of Social Protection pays Health and Safety Benefit for the remainder."
You are still employed throughout. "During health and safety leave from employment, you are still considered to be in employment (this means, for example, that you continue to accumulate annual leave entitlement). However you are not entitled to payment for public holidays that occur while you are on health and safety leave."
How much you get in 2026
The rate is banded on your earnings. These are the "Weekly Health and Safety Benefit rate 2026" figures.
A qualified adult rate can be added for a dependent adult, and there are child dependant increases on top. Your average weekly earnings do not affect the rate paid for a child dependant.
Half-rate Health and Safety Benefit can be paid if you are already getting certain other social welfare payments.
- Earnings "Less than €150" — personal rate "€114.00", qualified adult "€109.20"
- Earnings "€150 - €219.99" — personal rate "€163.70"
- Earnings "€220 - €299.99" — personal rate "€198.90"
- Earnings "€300 or more" — personal rate "€254", qualified adult "€168.60"
The night-worker route, which catches people out
You do not have to be exposed to a chemical or a physical hazard. Working nights is itself a qualifying risk while pregnant.
"A night worker works for at least 3 hours of their normal shift between 11pm and 6am, or at least 25% of their monthly hours are between 11pm and 6am."
And it continues after the birth: "If you have given birth in the last 14 weeks, you can qualify if you are a night worker."
For breastfeeding there is a separate and longer window: "If you are breastfeeding, you can qualify if you are exposed to certain risks in the workplace. This only applies when you are breastfeeding in the first 26 weeks after the birth."
The PRSI conditions
You need to meet one of three tests, and the first is the easiest for most people to satisfy: "You have least 13 weeks of social insurance (PRSI) paid in the 12 months immediately before the date your baby is due".
The other two routes use 104 weeks of PRSI since you first started work, combined with either 39 weeks paid or credited in the relevant tax year, or 26 weeks in each of two consecutive years.
The relevant tax year is the second-last complete tax year before you claim. For a claim made in 2026 that is 2024.
Applying, and one payment people miss alongside it
You apply to your employer for the leave, then to the Department for the benefit, on a form that needs three signatures.
"Your employer must fill in, sign and stamp part 4." and "Your GP must fill in, sign and stamp part 6." You complete parts 1, 2, 3, 5, 7 and 8. Chase both signatures early, because an unsigned form simply sits.
The payment people do not realise they can add: "Under the Maternity Protection Act 1994, a woman who qualifies for Health and Safety Benefit is entitled to claim Working Family Payment (WFP)."
On tax: "Health and Safety Benefit is taxable for all claimants." It is taxed like Maternity Benefit, and neither USC nor PRSI is charged on it.
Common questions
How much is Health and Safety Benefit in 2026?
It is banded by earnings. €254 a week if you earned €300 or more, €198.90 between €220 and €299.99, €163.70 between €150 and €219.99, and €114 below €150. A qualified adult increase of up to €168.60 can be added, plus child dependant increases.
Who pays for the first three weeks?
Your employer, at your normal wage. The Department of Social Protection only starts paying Health and Safety Benefit after the first 21 days of health and safety leave.
Can I get it just for working nights?
Yes. Night work is itself a qualifying risk during pregnancy. A night worker is someone working at least three hours of a normal shift between 11pm and 6am, or at least 25% of their monthly hours in that window. It also applies for up to 14 weeks after the birth.
How long does it last if I am breastfeeding?
Up to 26 weeks from the date of the birth, where you are exposed to a workplace risk. For a night worker who has recently given birth it is 14 weeks. If you are pregnant it runs until the day Maternity Benefit starts.
Can I claim Working Family Payment as well?
Yes. The Maternity Protection Act 1994 specifically entitles a woman who qualifies for Health and Safety Benefit to claim Working Family Payment, and very few people realise the two go together.
What stops the payment?
Getting Maternity Benefit, the risk being removed, your employer giving you other work, a fixed-term contract ending, returning to work or starting other work, or going to prison.