Proposed New Leave Entitlements for Pregnancy Loss. What Employers Need to Know

The Pregnancy Loss (Miscellaneous Provisions) Bill 2025 has been introduced in the Seanad and proposes a significant development in statutory leave entitlements for employees experiencing pregnancy loss. If enacted, this legislation will create new obligations for employers under Irish employment law.

Key Features of the Proposed Legislation

The Bill proposes amendments to the Organisation of Working Time Act 1997 to create a dedicated category of paid leave for pregnancy loss. The main provisions include:

• Five Days’ Paid Leave: Employees who experience a pregnancy loss would be entitled to a minimum of five working days of paid leave.
• Two and a Half Days’ Paid Leave: A separate entitlement would be available for the other parent involved in the pregnancy, allowing them two and a half working days’ paid leave.
• First Day of Employment: These entitlements would be available from the first day of employment, with no qualifying service period required.
• Certification Requirement: Access to the leave would be subject to certification by a registered medical practitioner confirming the pregnancy loss.
• Separate from Other Leave: This leave would apply in addition to existing sick leave, maternity leave, paternity leave, or parental leave entitlements.

Employment Protections During Leave

In addition to providing leave entitlements, the Bill includes important protections for employees while they are absent. Specifically, employers would be prohibited from dismissing, suspending, or issuing a notice of termination to any employee availing of this leave.

Pregnancy Loss Register

Separately, the Bill proposes an opt-in pregnancy loss register under the Civil Registration (Electronic Registration) Act 2024. This register:

• Allows individuals to record the pregnancy loss if they wish.
• Will not be searchable by the public.
• Is independent of any workplace entitlements or leave records.

What Employers Should Do Now

While the Bill is still progressing through the legislative process, it signals a likely change in how employers will be expected to support employees experiencing pregnancy loss.

To prepare, employers may wish to:

• Review existing leave policies and consider how pregnancy loss leave can be accommodated.
• Plan for training managers on responding sensitively to requests for this leave.
• Monitor the progress of the Bill to ensure compliance once enacted.

We will continue to update clients as this proposed legislation moves through the Oireachtas. If you would like support reviewing your policies or understanding your potential obligations, please get in touch with our HR team.

MSS The HR People info@mssthehrpeople.ie Ph: 01 8870690