New Employment Bills Introduced by the Government
The Irish Government recently put forward two pieces of legislation concerning employee rights. Both are in the early stages of the legislative process and may undergo revisions as they progress. One, the Pregnancy Loss (Miscellaneous Provisions) Bill 2025, aims to establish a statutory entitlement to paid leave for individuals who experience pregnancy loss. The other, the Protection of Employees (Employers’ Insolvency) (Amendment) Bill 2025, seeks to close loopholes in how employee claims are handled when companies cease operations without undergoing formal insolvency proceedings.
Strengthening Protections for Employees During Employer Insolvency
The Protection of Employees (Employers’ Insolvency) (Amendment) Bill 2025, published by the Minister for Enterprise, Trade and Employment, proposes changes to the existing Protection of Employees (Employers’ Insolvency) Act 1984. Its core purpose is to enable employees to access the Social Insurance Fund even when their employer stops trading without formally entering liquidation, receivership, or examinership.
Under the proposed framework, an employee who is owed wages or other entitlements would be able to issue a formal notice to their employer. If the employer fails to respond or settle the outstanding amounts within eight weeks, the employee could then apply to the Minister to have the employer declared insolvent for the purposes of the 1984 Act. If the Minister is satisfied that the employer is no longer operational and the employee’s claim remains unpaid, the employee would then be able to access the state’s insolvency scheme, just as if formal insolvency proceedings had taken place.
This Bill is designed to provide recourse for employees when businesses close down without following a formal process, which often leaves staff without a clear path to claim unpaid wages or redundancy payments. The proposed amendments also include provisions for addressing historical claims and consequential adjustments to other relevant employment legislation.
Introducing Paid Leave for Pregnancy Loss
Introduced in the Seanad, the Pregnancy Loss (Miscellaneous Provisions) Bill 2025 proposes amendments to the Organisation of Working Time Act 1997. If enacted, this Bill would grant employees a statutory right to paid leave following a pregnancy loss, provided it is certified by a registered medical practitioner.
The proposal outlines a minimum of five working days’ paid leave for an employee who directly experiences a pregnancy loss. Additionally, the other parent of the pregnancy loss would be entitled to two and a half working days’ paid leave. This leave would be available from the first day of employment and would be separate from existing sick leave, maternity leave, or parental leave entitlements.
The Bill also includes safeguards for employees taking this leave, such as protections against dismissal, suspension, or notice of termination during the leave period. Furthermore, the legislation provides for an optional pregnancy loss register under the Civil Registration (Electronic Registration) Act 2024. This register would not be publicly searchable and is intended to offer individuals the choice to record the loss, independent of any workplace entitlements.
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