Key update on miscarriage leave in Ireland

Current Statutory Framework: The Maternity Protection Acts 1994-2022

Under the Maternity Protection Acts 1994-2022, pregnant employees are currently entitled to 26 weeks of statutory maternity leave following a stillbirth at or after 23 weeks’ gestation. However, there is currently no equivalent statutory provision for paid leave in cases of pregnancy loss before 23 weeks’ gestation.

As a result, many women who suffer a miscarriage elect to take their statutory sick pay, which currently entitles employees to five days of sick leave per year paid at a rate of 70 percent of an employee’s daily rate of pay, capped at a maximum of €110 per day. Any further leave taken after the expiry of this entitlement will be unpaid, subject to the terms of any more favourable employer sick pay scheme.

Scope of The Changes

The Government has approved a proposal from Minister for Enterprise, Tourism and Employment Mr Peter Burke, to draft the Pregnancy Loss Leave Bill (the “Bill”). The proposed Bill will provide five days’ paid leave to employees who experience a miscarriage or pregnancy termination prior to 23 weeks gestation, for the first time under Irish law.

Under the proposed Bill, the leave will be paid by the employer, at 70 percent of the employee’s daily rate of pay capped at €110 per day, in line with statutory sick leave. Employees must provide medical certification of the pregnancy loss.

Further, the entitlement to the leave will be a day-one right, while the entitlement to payment will include a 13-week service requirement.

Speaking to the media, Minister Burke acknowledged that “as a compassionate society, Ireland was making positive steps forward.” He further noted that “if we normalise [pregnancy loss] through statutory bereavement leave, we are saying the State acknowledges this is a very traumatic experience.”

The annual cost of the leave, estimated at €10 million, will be covered by employers.

Draft legislation is expected to be prepared in the coming months.

Procedure

Under the proposed Bill, employees who experience a pregnancy loss will be required to obtain a certificate from a medical practitioner confirming the pregnancy loss and provide this to their employer. This requirement would apply in cases of both miscarriage and termination.

The aim of the proposed Bill is to give employees an opportunity to elect to take pregnancy loss leave, and to adopt a compassionate policy approach, with Minister Burke telling the Sunday Independent that “by bringing in statutory paid leave we are ensuring those across all sectors are given the space they may need to process a [pregnancy] loss”.

The Parental Bereavement Leave and Pay (Miscarriage) Regulations (Northern Ireland) 2026

The proposed Bill would appear to offer narrower protections than those provided under the statutory framework recently introduced in Northern Ireland.

The Parental Bereavement Leave and Pay (Miscarriage) Regulations (Northern Ireland) 2026 (the “2026 Regulations”) which came into effect on 6 April 2026, amended the Parental Bereavement (Leave and Pay) Act (Northern Ireland) 2022 (the “2022 Act”).

The 2022 Act had introduced a statutory entitlement for eligible employees to take two weeks’ parental bereavement leave following the death of a child under the age of 18. This includes a stillbirth after 24 weeks of pregnancy. However, it did not make provision for miscarriage up to 24 weeks’ gestation.

The 2026 Regulations sought to address this gap and provide a statutory entitlement to paid miscarriage leave before 24 weeks’ gestation. Eligible employees are entitled to take up to two weeks’ of leave in relation to miscarriages that occur after 6 April 2026 and leave is paid at the statutory rate of £194.32 per week or 90 percent of the employee’s weekly earnings, whichever is lower.

The two weeks of leave may be taken as one continuous period or two separate weeks, within 56 weeks of the date of the miscarriage.

Scope of the 2026 Regulations

For the purposes of the 2026 Regulations, an employee will have experienced a miscarriage if (a) she has experienced spontaneous loss of a pregnancy before the completion of 24 weeks of gestation, or (b) has experienced a loss of pregnancy because of a medical intervention following assessment by a medical professional, that was necessary to protect the physical or mental health of the pregnant woman, or to address a fatal foetal abnormality or a severe foetal impairment.

This also extends to certain parents and partners, including the biological parent, intended parent, or current partner of the person who experienced the miscarriage, in accordance with the eligibility criteria set out in the 2026 Regulations.

The 2026 Regulations also remove the requirement of 26 weeks’ continuous employment in order to qualify for the leave. The entitlement is now a day-one right, meaning that eligible employees do not need a minimum period of service to qualify. Under the previous framework established by the Parental Bereavement (Leave and Pay) Act (Northern Ireland) 2022, a 26-week qualifying period applied for statutory pay.

Procedure

Statutory Parental Bereavement Pay may be taken within a 56-week period beginning on the first day of bereavement. In cases of miscarriage, the first day of bereavement is the date on which the miscarriage occurred or, where later, the date on which the individual became aware of the miscarriage. In cases involving the death of a child, it is the date of the child's death. 
Importantly, in an acknowledgement of the sensitivity of the matter, the 2026 Regulations allow employees to self-declare the loss, with no intrusive evidence required for employers.

A Comparison of the Proposed Irish Legislative Changes with The 2026 Regulations

Minister Burke’s proposed Bill would appear to fall short of those amendments which have been enacted in Northern Ireland. The 2026 Regulations apply not only to the mother, but equally apply to their partners. 

The 2026 Regulations provide for two weeks of statutory leave to those eligible, while the current plan is to provide for five days leave under Minister Burke’s proposals.

From a sensitivity viewpoint, the 2026 Regulations do not require any evidence to be provided to employers. Under the proposed Bill, an employee in Ireland will be required to attend their medical practitioner to receive a certificate for their employer certifying pregnancy loss in the event of either a miscarriage or a pregnancy termination. This represents a potentially more onerous burden placed on employees in comparison to Northern Ireland.

Practical Implications for Employers

Employers should monitor these changes as they progress over the coming months. In particular, employers should be conscious of any amendments to both employee handbooks and contracts that may be required once the changes are implemented.

Questions remain as to whether these changes will bring the Republic of Ireland in line with Northern Ireland in terms of the level of statutory protections afforded to those affected by miscarriage and pregnancy termination, and it is an area to watch over the coming months.

If you have any queries in relation to the above, please do not hesitate to contact Rachel Coady, Associate in our Employment team.