Ireland is moving towards a new workplace support measure for families experiencing pregnancy loss. The proposed pregnancy loss leave legislation would create a dedicated paid leave entitlement for employees whose pregnancy ends before 23 weeks’ gestation.
Pregnancy loss leave legislation receives priority drafting
Minister for Enterprise, Tourism and Employment Peter Burke has confirmed that the Pregnancy Loss Leave Bill has received priority drafting under the Autumn Oireachtas legislative programme. The proposal follows research into how pregnancy loss affects employees and workplaces across Ireland.
Under the general scheme, eligible employees would be entitled to five days of employer-paid pregnancy loss leave each year where a pregnancy ends before 23 weeks. The proposed entitlement is intended to give workers time to grieve, recover and access support without having to rely solely on ordinary sick leave.
- The proposed leave would cover pregnancy loss before 23 weeks’ gestation.
- Employees would receive up to five days per year.
- Payment would be set at 70% of the daily rate, capped at €110 per day.
- Medical certification would be required.
- The leave would be a day-one employment right, while payment would require 13 weeks of service.
Why pregnancy loss leave is being proposed
The Department of Enterprise, Tourism and Employment said the legislation responds to a gap in existing workplace protections. Current maternity leave provisions apply where a loss occurs from 23 weeks’ gestation onwards, while employees experiencing an earlier loss may not have a specific statutory leave entitlement.
The policy has been informed by the PLACES report, a Government-commissioned study examining workplace experiences of pregnancy loss before 24 weeks. The research included international comparisons, company policy reviews, a national survey involving 913 responses and interviews with 13 participants.
The report recommended a statutory right to paid leave for pre-viability pregnancy loss, subject to medical certification. It also highlighted the need for workplace policies that recognise the emotional and physical impact of pregnancy loss.
Read more: Irish government announcements and public service news from Daily Digest.
Wave of Light marks Pregnancy and Infant Loss Awareness Month
October is Pregnancy and Infant Loss Awareness Month. As part of the global Wave of Light, homes and public buildings are illuminated on 15 October between 7pm and 8pm in remembrance of babies and pregnancies lost.
The Department of Enterprise, Tourism and Employment’s offices at 23 Kildare Street in Dublin were due to be illuminated as part of the remembrance initiative. Minister Burke said the campaign helps acknowledge experiences that can remain unseen or unsupported in professional settings.
How the proposed scheme would work
Employers that already provide a pregnancy loss policy that is, overall, more favourable to employees would not be required to apply the statutory obligations in the same way. The detailed rules will depend on the final Bill and its progress through the Oireachtas.
The proposal sits alongside existing protections, including maternity leave for stillbirth, paternity leave and statutory sick leave. The Civil Registration (Electronic Registration) Act 2024 defines a stillbirth as a child weighing at least 400 grammes at birth or having a gestational age of at least 23 weeks and showing no sign of life.
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What employees and employers should know
The proposal is not yet a fully enacted entitlement. Employees and employers will need to await the final legislation, parliamentary consideration and commencement arrangements before the new leave becomes operational.
In the meantime, employers can review existing policies and consider confidential, compassionate procedures for staff experiencing pregnancy loss. Clear guidance, medical privacy and supportive communication can help ensure that employees are not left to manage a deeply personal experience without workplace understanding.
Frequently asked questions
How many days of pregnancy loss leave are proposed?
The general scheme proposes five days of paid leave per year for qualifying pregnancy loss before 23 weeks’ gestation.
Will the leave be available from the first day of employment?
The proposed leave would be a day-one right. However, payment would require 13 weeks of service.
Will medical certification be required?
Yes. The general scheme states that medical certification would be required to access the proposed entitlement.
Is the legislation already in force?
No. The Bill is being drafted and must complete the legislative process before the proposed rights can take effect.
Conclusion
The proposed pregnancy loss leave Bill would represent a significant change in how Irish workplaces respond to early pregnancy loss. By creating five days of dedicated leave and recognising the need for recovery and grieving time, the Government aims to close a gap in employment protections while encouraging more compassionate workplace practices.
Article/Image Courtesy: gov.ie
