- July 17, 2026
- Posted by: Colm Hurley
- Category: News
The Government has approved proposals to introduce statutory paid leave for employees who experience pregnancy loss before 23 weeks’ gestation.
Pregnancy loss may include miscarriage, termination of pregnancy and other forms of pregnancy loss. Beyond the physical effects, it can also involve grief, stress and emotional distress, all of which may affect an employee’s wellbeing and ability to work.
According to the World Health Organization, approximately one in four pregnancies ends in miscarriage.
If enacted, the proposed legislation will create a new statutory entitlement and will require employers to review their leave policies, workplace practices and manager training.
Amy McNicholas, Solicitor, and Ross Cudmore, Trainee Solicitor, from CKT’s Employment Law team, outline the key provisions of the proposed legislation and consider the implications for employers should the legislation be enacted.
Why is the Legislation being Introduced?
At present, an employee who experiences a stillbirth from 23 weeks’ gestation is entitled to statutory maternity leave. However, there is currently no specific statutory leave entitlement where a pregnancy ends before 23 weeks’ gestation.
The proposed Pregnancy Loss (Miscellaneous Provisions) Bill 2025 (the “Pregnancy Loss Leave Bill”) is intended to address this gap by introducing a dedicated leave entitlement for employees who experience pregnancy loss before this point.
What Leave will Employees be entitled to?
Under the current proposal, an employee who experiences pregnancy loss before 23 weeks will be entitled to five days’ paid pregnancy loss leave per year. The leave may be taken either together or separately, allowing employees flexibility in managing their recovery and wellbeing.
The leave will be paid by the employer at 70% of the employee’s normal daily rate of pay, subject to a maximum payment of €110 per day, in line with the statutory sick leave scheme.
The entitlement to take leave will be a day one right, meaning there will be no minimum service requirement before an employee can avail of the leave. However, entitlement to payment will require 13 weeks’ continuous service. Medical certification will also be required.
Importantly, there is no requirement for the employee to have informed their employer of the pregnancy before the loss occurred.
The proposed entitlement is also expected to apply where pregnancy loss arises as a result of a medical procedure or treatment carried out by a medical practitioner. Employers should review the final wording of the legislation carefully once published, particularly in relation to the precise scope of the entitlement.
What about Partners?
The current Government proposal is focused on the employee who experiences the pregnancy loss. A separate statutory entitlement for partners has not yet been confirmed.
However, employers should be mindful that partners may also be significantly affected and may require time away from work to grieve, provide support, attend medical appointments or manage family responsibilities. Employers may wish to consider whether their internal policies should provide support for partners in these circumstances.
How does Pregnancy Loss Leave interact with other Leave Entitlements?
A key feature of the proposed legislation is that pregnancy loss leave will operate as a separate statutory entitlement.
This means that employees should not be required to use annual leave, sick leave or other forms of statutory leave in order to take pregnancy loss leave.
Employers should also note that an employee may still qualify for sick leave following the period of pregnancy loss leave, where additional recovery time is medically required. In practice, this means that an employee’s absence may extend beyond the initial five day entitlement depending on the circumstances.
Employment Protections and Confidentiality
The proposed legislation contains important employment protections for employees who avail of pregnancy loss leave.
Employers should ensure that no employee is penalised or treated adversely because they have requested or taken pregnancy loss leave. Any decisions concerning disciplinary action, performance management, suspension, dismissal or other employment matters should be handled with particular care where an employee has recently experienced pregnancy loss or is availing of this leave.
The proposal also places a strong emphasis on confidentiality. Employers should treat any personal information relating to pregnancy loss as highly sensitive and ensure that it is not disclosed without the employee’s consent, except where disclosure is strictly necessary and lawful.
Managers and HR personnel should understand the sensitive nature of this information and should be trained to handle such matters appropriately.
Beyond Legal Compliance: Supporting Employees in Practice
While the proposed legislation will set out the minimum legal requirements, employers should also consider how they can provide broader practical support to employees affected by pregnancy loss.
The proposal is informed by the PLACES Project, which stands for Pregnancy Loss in Workplaces: Informing Policymakers on Support Mechanisms. This was a Government commissioned research project, led by researchers in University College Cork, which examined the workplace experiences of employees affected by pregnancy loss before 24 weeks’ gestation. The project highlighted the physical, emotional and practical impact of pregnancy loss in the workplace and made recommendations on how employers and policymakers can better support employees affected by pregnancy loss.
In practice, employers should consider:
- Allowing reasonable flexibility around time off and return to work arrangements.
- Ensuring managers are trained to respond appropriately and sensitively.
- Providing information on employee assistance programmes, counselling services and other wellbeing supports where available.
- Developing a clear workplace policy on pregnancy loss and workplace supports.
Every employee’s experience of pregnancy loss will be different. Some employees may wish to return to work quickly, while others may require additional time and support. A person-centred approach can help employees feel respected and supported during an extremely difficult period.
What should Employers do now?
The Pregnancy Loss Leave Bill has not yet been enacted into law. Nevertheless, employers should monitor developments closely and begin considering what practical changes may be required.
In particular, employers should consider whether existing leave policies will need to be updated, whether managers would benefit from training on responding to pregnancy loss, and whether adequate wellbeing supports are available to employees.
Employers who already provide pregnancy loss leave should also review whether their existing arrangements are more favourable than the proposed statutory entitlement.
Preparing in advance will help employers ensure compliance while also fostering a workplace culture that responds to pregnancy loss with compassion, dignity and understanding.