by Niamh Fennelly, Of Counsel, Arthur Cox LLP
On 14 July 2026, the Cabinet approved the publication of the General Scheme of the Pregnancy Loss Leave Bill 2026. The proposed legislation would introduce, for the first time in Irish law, a statutory entitlement to five days’ paid leave per year for an employee who experiences pregnancy loss before 23 weeks’ gestation. Employees who experience a stillbirth from 23 weeks’ gestation are already entitled to maternity leave under existing legislation.
The leave would be a day-one employment right, although payment would be subject to a 13-week service requirement. It would have to be taken within 56 weeks of the pregnancy loss and would require medical certification. Payment would be made by the employer at the same rate as statutory sick pay: 70% of the employee’s gross normal earnings, capped at €110 per day.
The proposed entitlement would operate separately from statutory sick leave and maternity leave. Employers that already provide a pregnancy loss leave scheme which, taken as a whole, is more favourable to employees would not be required to apply the statutory scheme. The General Scheme also provides for employment protections, including protection against penalisation and a proposed amendment to the Unfair Dismissals Acts so that dismissal for reasons connected with the exercise of this right would be automatically unfair. Periods of pregnancy loss leave would count as reckonable service for employment rights purposes.
The General Scheme also envisages that the Minister for Enterprise, Tourism and Employment may vary both the number of days of pregnancy loss leave and the applicable rate of payment by order. A statutory review would take place three years after enactment.
The text of the Bill has not yet been published and the proposal must still progress through both Houses of the Oireachtas before becoming law. Employers should, however, start to consider whether existing leave, absence and bereavement policies would need to be updated if the legislation is enacted.
About the author
Niamh Fennelly leads the knowledge function within the Employment Group at Arthur Cox LLP. Niamh has significant experience advising clients across all areas of employment law. She is responsible for legal, regulatory and commercial awareness; horizon-scanning for clients; education (internal and client) via training and tailored legal and regulatory updates; and the development of precedents. Niamh regularly presents at seminars on a range of employment law topics and authors industry briefings and alerts on key developments.
