14th July 2026
The Government has today 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.
In welcoming Government approval to draft the Bill, 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.
“By introducing a statutory entitlement to leave for pregnancy loss, we are strengthening workers’ rights in a meaningful and compassionate way - ensuring 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.”
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 significant Government commissioned study on the workplace experiences of pregnancy loss – ‘PLACES | Pregnancy Loss (under 24 weeks) in Workplaces: Informing policymakers on support mechanisms‘. 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.
Notes to the editor
The General Scheme
The proposal is to draft a Bill for pregnancy loss prior to 23 weeks gestation to address the policy demand identified in the PLACES report 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 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 employers who operate a pregnancy loss scheme that is, taken as a whole, more favourable to employees.
The General Scheme is available on the Department’s website: General Scheme of the Pregnancy Loss Leave Bill - DETE
Existing legislation
The Maternity Protection Acts provide for an entitlement to 26 weeks maternity leave and benefit and a further 16 weeks unpaid maternity leave in the case of a stillbirth. Stillbirth is defined in the Civil Registration (Electronic Registration) Act 2024 as ‘a child who, at birth, weighs not less than 400 grammes or has a gestational age of not less than 23 weeks and shows no sign of life...’. The Paternity Leave and Benefit Act 2016 also provides for an entitlement to paternity leave and benefit in the case of a stillbirth. The Sick Leave Act 2022 provides for a statutory sick pay scheme for all employees who are medically certified as unfit for work. From 1 January 2024, the entitlement to paid sick leave increased to 5 days.
The PLACES Report
The PLACES Report - Pregnancy Loss (under 24 weeks) in Workplaces: Informing Policy Makers on Support Mechanisms - considered loss under 24 weeks gestation as it was commenced before the Civil Registration (Electronic Registration) Act 2024 was commenced. The aim of the project was to examine the workplace experiences of pregnancy loss before 24 weeks gestation, and to identify relevant needed supports. The project included a search for relevant research; a review of international statutory leave for pregnancy loss; a sample of pregnancy loss policies across companies in the Republic of Ireland; a national mixed-method survey with 913 participants’ responses included; and a qualitative interview study with 13 participants.
The report was published on 26 January 2024 and makes a series of recommendations regarding support for employees who have experienced a pregnancy loss, including that a statutory right to paid leave should be introduced for pre-viability pregnancy loss, regardless of the gestational stage or the reason for the loss. This recommends that the leave should be subject to medical certification.
The full report is available here: PLACES - Pregnancy Loss (under 24 weeks) in Workplaces: Informing policymakers on support mechanisms (PDF, 2.2MB)
ENDS
Back to Department News