Government Approves Leave for Pregnancy Loss Bill

The Government has approved a proposal from the Minister for Enterprise, Tourism and Employment, Peter Burke TD, to draft a Leave for Pregnancy Loss Bill. The Bill will introduce statutory leave for pregnancy loss prior to 23 weeks gestation for the first time under Irish law. Under existing legislation, maternity leave is available for those who experience a loss from 23 weeks gestation and onwards.

The General Scheme

The proposed Pregnancy Loss Leave Bill aims to provide for five days of paid leave per year for individuals who experience a pregnancy loss prior to 23 weeks gestation.

The proposal is to draft a Bill for pregnancy loss prior to 23 weeks gestation to address the policy demand identified in a report into the impact of pregnancy loss before 24 weeks and recent Private Members Bills and to recognise a loss that occurs in 1 in 4 pregnancies but goes largely unacknowledged and unrecognised.

• The Bill will provide 5 days’ paid leave per year for a person experiencing a pregnancy loss prior to 23 weeks gestation.
• The leave will be paid by the Employer, at 70% of the daily rate capped at €110 a day, in line with statutory sick leave.
• The leave will also require medical certification.
• The entitlement to leave will be a day one right, while the entitlement to payment will include a 13-week service requirement.
• The Bill will provide for non-application of obligations under the Act for Organisations who operate a pregnancy loss scheme that is, taken as a whole, more favourable to Employees.

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