The Labour Party has tabled a bill providing for 20 days paid leave for women following early pregnancy loss or miscarriage and 10 days leave for people undergoing fertility treatment.
The proposed legislation will be discussed by the Oireachtas Committee on Enterprise after first being tabled by the party in 2021.
Labour said that the bill would recognise the significant physical and emotional impact these experiences can have and the need for people to have time away from work when they need it most.
The legal change is supported by broadcaster Anna Daly who said: “Having experienced two miscarriages myself, I know the heartbreak of that loss and how difficult it is to return to work as though nothing has happened.
“Miscarriage is a real loss, at every stage of pregnancy. It’s time our workplaces, and our laws, recognised it as such.”
Labour Party leader Ivana Bacik TD said: “We need to acknowledge the shock, trauma and loss experienced by those who endure miscarriage or pregnancy loss before the 24th week of pregnancy, as so eloquently articulated by Anna Daly, and by so many other women who have shared their stories of pregnancy loss with us since we began our campaign.
“Our legislation would give women the time and space out of the workplace that they need to recover from miscarriage, and the time for people to undergo fertility treatments like IVF.”
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Speaking on RTÉ’s Morning Ireland, Labour Spokesperson on Health Marie Sherlock said early miscarriage and infertility are not just health issues, but workplace issues.
She said her party first tabled proposed legislation five years ago and it garnered strong cross party support and said there have been significant recent developments in other countries including the UK, New Zealand and Malta.
Ms Sherlock added that employers who offer support to women know that they if they treat their employees well, “they will get it back in spades”.
“The reality here is that we need to ensure that when a worker has that infrequent event in their lives, which is a miscarriage or have to go for fertility treatment, that they are afforded compassionate workplace leave, and they should be out on full pay.”
Currently there is no provision in Irish law for early miscarriage leave but the Government is planning to introduce five days leave under new legislation.
In July, Minister for Enterprise Peter Burke got Government approval to draft the new bill which would provide for leave for women who experience a miscarriage before 23 weeks of pregnancy.
Under existing law, women are entitled to full maternity leave in the case of a stillbirth after 23 weeks gestation.
It is estimated that the move to provide early miscarriage leave would cost €10 million per year.
A spokesperson for the minister defended the Government proposal describing it as “good start given that there is nothing in law at the moment”.
“Under existing legislation, maternity leave is available for those who experience a loss from 23 weeks gestation and onwards, and there is no support or provision for women who suffer a loss before this point. Minister Burke wanted to provide statutory support in these cases.
“Following significant engagement, including with the The Cross-Party Oireachtas Group on Pregnancy and Infant Loss, Minister Burke secured Government approval of the general scheme in July. The Department of Enterprise, Tourism and Employment has begun drafting legislation with the support of the Office of Parliamentary Counsel and the Minister hopes to bring it through the Oireachtas very early next year.
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