Minister moves to introduce statutory leave for pregnancy loss

The Government has today (July 14) approved a proposal from the Minister for Enterprise, Tourism and Employment, Peter Burke, T.D., 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.

In welcoming the approval to draft the bill, Mullingar native Minister Burke said: “Pregnancy loss is a deeply personal and traumatic experience that for too long has gone under-recognised in our workplaces and in our laws. Our labour laws must reflect the realities of modern working life, including the impact that pregnancy loss can have. From our engagement, we know there is still a secrecy and stigma around early pregnancy loss, which can impact those who may need time to process and grieve the loss of a much-wanted pregnancy. The current 23-week threshold creates a cliff edge in the law, whereby State supports become available after that point, but no support exists for women who experience miscarriage before this cut-off point.”

Minister Burke said that by introducing a statutory entitlement to leave for pregnancy loss, workers' rights will be strengthened in 'a meaningful and compassionate way'.

“It will ensure that employees are supported and treated with dignity at a time of great personal difficulty. This measure creates a more inclusive and responsive employment rights system,” he said.

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 development of the General Scheme is informed by a government commissioned study on the workplace experiences of pregnancy loss. The study, carried out by the Pregnancy Loss Research Group at University College Cork, highlighted the need for a statutory entitlement to paid leave in cases of pre-viability pregnancy loss and found that, despite being the most common adverse outcome in pregnancy, such losses are often treated as private events with little formal acknowledgement.

The General Scheme also responds to a policy demand evident in recent Private Members Bills, including the Organisation of Working Time (Reproductive Health Related Leave) Bill 2021 and the Pregnancy Loss (Miscellaneous Provisions) Bill 2025, both of which sought to introduce statutory leave for those experiencing pregnancy loss.

“The proposal seeks to address the barriers many individuals face when experiencing pregnancy loss, including financial concerns, workplace culture, emotional challenges, and potential impacts on career progression. Research indicates that stigma and secrecy still surround pregnancy loss, particularly in earlier stages, often preventing individuals from seeking support in the workplace. This legislation aims to ensure that persons experiencing a loss have the time and space needed to recover. By establishing a statutory entitlement, the bill represents a significant step toward acknowledging a loss that impacts a substantial number of people but has generally been under-recognised,” Minister Burke said.