Pregnancy Loss (Miscellaneous Provisions) Bill 2025
The Pregnancy Loss (Miscellaneous Provisions) Bill 2025, currently at Committee Stage in the Seanad provides for a period of paid leave consequent upon the loss of a pregnancy and extends protection against unfair dismissals. If enacted, the Bill will provide employees with a statutory right to five working days paid leave following a pregnancy loss, subject to certification by a registered medical practitioner. A separate entitlement of two and a half working days’ paid leave would apply to the parent of the pregnancy loss. This leave would be available from the first day of employment and would apply outside of existing sick leave, maternity leave or parental leave entitlements. Any purported termination of employment, suspension, or notice of termination whilst on this leave would be void.
Protection of Employees (Employers’ Insolvency) (Amendment) Bill 2025 (“insolvency bill”)
The Protection of Employees (Employers’ Insolvency) (Amendment) Bill 2025, currently at Second Stage in the Dail, provides new protections for employees where their employer ceases trading without formally winding up, leaving employees without access to statutory insolvency protections. If enacted, the Bill will provide employees with access to the Social Insurance Fund in cases where their employer ceases trading but does not formally enter liquidation, receivership or examinership.
The Bill proposes a notification process for impacted employees: under the proposed framework, an employee who is owed pay or other entitlements may serve a formal notice on the employer. If the employer does not respond or settle the outstanding amounts within eight weeks, the employee may apply to the Minister to have the employer deemed insolvent for the purposes of the 1984 Act. Where the Minister is satisfied that the employer is no longer operating and that the employee’s claim remains unpaid, the employee may access the state’s insolvency scheme in the same manner as if formal insolvency proceedings had occurred.
The Employment (Contractual Retirement Ages) Bill 2025
The Employment (Contractual Retirement Ages) Bill 2025, has completed the Third Stage in the Dail. If enacted, the Bill will impact on employees with clauses in their contracts of employment, which oblige them to retire at an age below the state pension age (currently 66 years old). It permits but does not require an employee to retire at contractual retirement age, if less than pensionable age. In order to avail of this protection, the employee must notify their employer in writing that they do not consent to retire at the contractual retirement age: where an employer receives such notification they may not enforce the contractual retirement age where the employee is less than the pensionable age unless the retirement of the employee concerned is objectively and reasonably justified by a legitimate aim and the means of achieving that aim are appropriate and necessary
Failure by an employer to provide an employee with a reasoned written reply will amount to an offence for which an employer shall be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or to both.