Law Society members are to vote on a proposal calling on law firms to end the widespread practice of not paying full salaries to solicitors on maternity leave.
Last night the annual general meeting of the society, which regulates solicitors, debated a motion recommending that all solicitors' practices pay lawyers on maternity leave their full salary for a minimum of 18 weeks.
The motion had widespread support at the meeting, which was attended by around 90 people. But Law Society president, Mr Gerard Griffin, invoked his right to put the matter to a postal ballot of all members. The society is likely to do this within six weeks.
An initial proposal, from solicitor Ms Jean Rush, to mandate law firms to pay full maternity benefits was withdrawn on legal advice. She was advised that the Law Society would not have been able to "bind" its members to such a policy because this would have been "ultra vires", or beyond its authority. This in turn would have left it open to challenge.
All employees in the Republic are entitled to 18 weeks statutory maternity benefit paid by the State But most employers pay staff their full salary while on maternity leave and claim back the statutory benefit. Many law firms - particularly smaller practices - choose not to top up the pay of solicitors on maternity leave. This means a large number of solicitors on maternity leave are paid no more than €232.40 per week - the maximum statutory maternity pay.
As a consequence they suffer a substantial drop in income as long as they remain out of the office.
Ms Rush decided to bring her proposal on the back of a report on women in law compiled by barrister and academic, Prof Ivana Bacik last year. This report recommended that the society should ensure all firms pay maternity leave at full salary.
It also recommended that employees should not "suffer disadvantage" to their careers by taking statutory maternity leave or leave to facilitate childcare.
Speaking after the meeting, Ms Rush said she was satisfied with the outcome as a successful ballot of all members would be a stronger endorsement of the proposal.