Pregnancy Loss Leave Bill – Proposed New Statutory Leave for Employees
The Government has approved proposals to draft the Pregnancy Loss Leave Bill, which, if enacted, would introduce a new statutory entitlement to paid leave for employees who experience pregnancy loss before 23 weeks' gestation.
The proposals were announced by the Minister for Enterprise, Tourism and Employment, Peter Burke TD, on 14th July 2026 and are intended to address what the Government has described as a gap in the current employment legislation.
Important: The Pregnancy Loss Leave Bill has not yet been enacted and the proposed entitlement is not currently a statutory employment right. We will provide further updates as the legislation progresses.
What is changing?
Under the current legislation, an employee who experiences a stillbirth may be entitled to maternity leave and benefit. A stillbirth is currently defined as a child who, at birth, weighs not less than 400 grams or has a gestational age of not less than 23 weeks and shows no sign of life.
Where these conditions are met, the employee may be entitled to 26 weeks' maternity leave and maternity benefit, together with a further 16 weeks' unpaid maternity leave. Paternity leave and paternity benefit may also be available where the relevant statutory conditions are met.
However, there is currently no equivalent statutory entitlement to specific pregnancy loss leave where a pregnancy loss occurs before this threshold.
As a result, employees experiencing an earlier pregnancy loss may currently need to rely on annual leave, statutory sick leave or an employer's existing compassionate or pregnancy loss leave arrangements.
The proposed legislation is intended to address this gap.
What will the proposed Pregnancy Loss Leave provide?
If enacted, the Bill would introduce:
- Five days' paid pregnancy loss leave per year for a person experiencing pregnancy loss before 23 weeks' gestation.
- A day-one entitlement to leave, meaning an employee would not need a minimum period of service to qualify for the leave itself.
- A 13-week service requirement for payment.
- Payment by the employer at 70% of the employee's daily rate, capped at €110 per day.
- Medical certification as a requirement for the leave.
- A separate statutory entitlement, distinct from statutory sick leave and maternity leave.
The proposed payment arrangements are intended to broadly align with the existing statutory sick leave scheme.
What happens if an employer already provides pregnancy loss leave?
Employers that already operate a pregnancy loss leave scheme will not be required to provide the proposed statutory entitlement in addition to their existing scheme where their existing arrangements are, taken as a whole, more favourable to employees.
This means employers who have already introduced enhanced pregnancy loss or compassionate leave policies should review their existing arrangements carefully if the legislation progresses, to determine whether their policy will meet or exceed the proposed statutory requirements.
Why is the Government introducing this legislation?
The proposals have been informed by the Government commissioned PLACES Report – Pregnancy Loss (under 24 weeks) in Workplaces: Informing Policymakers on Support Mechanisms.
The research, carried out by the Pregnancy Loss Research Group at University College Cork, examined the workplace experiences of people affected by pregnancy loss and highlighted the lack of formal workplace recognition and support for early pregnancy loss.
The report found that pregnancy loss occurs in approximately one in four pregnancies and recommended the introduction of a statutory entitlement to paid leave for pre viability pregnancy loss, subject to medical certification.
The Government has described the existing 23 week threshold as creating a "cliff edge" in the law, with statutory supports available after the threshold but no equivalent specific entitlement for losses occurring earlier.
What does this mean for employers?
Although the Bill has not yet been drafted yet, employers should begin considering the practical implications of the proposed legislation.
In particular, employers should review:
- Existing pregnancy loss, compassionate leave and family leave policies.
- How pregnancy loss is currently managed under absence management procedures.
- Whether existing company arrangements are more favourable than the proposed statutory entitlement.
- Payroll processes and how any future statutory payment would be administered.
- Procedures for dealing with medical certification.
- How managers are expected to respond when an employee informs them of a pregnancy loss.
- The level of confidentiality and sensitivity required when dealing with pregnancy loss.
- Whether HR systems will be capable of recording the new leave separately from statutory sick leave and maternity leave.
Managers should also be appropriately briefed. Pregnancy loss is a highly sensitive issue, and employees should be treated with dignity, compassion and confidentiality when discussing their circumstances.
If the Bill is enacted, employers will need to ensure that their policies, payroll processes and management practices reflect the final legislation.
We will continue to monitor the progress of the Pregnancy Loss Leave Bill and provide further updates as the legislation develops.
How MSS The HR People can help
The proposed Pregnancy Loss Leave Bill highlights the increasing focus on employee wellbeing, family-related rights and compassionate workplace practices.
MSS The HR People can assist employers with:
- Developing appropriate manager guidance for dealing with pregnancy loss.
- Reviewing contracts, policies and employee handbooks when the legislation is enacted.
- Supporting employers in implementing any statutory leave requirements, once approved.
For support on any of the above, don’t hesitate to contact MSS The HR People at info@mssthehrpeople.ie or call +353 (0)1 887 0690.
