A new Bill has been announced that would introduce five days of paid leave for employees who suffer a miscarriage before 23 weeks of pregnancy. If enacted, employees in Ireland would have access to a new statutory leave entitlement and employers would be required to provide and pay for this leave.
What is pregnancy loss leave?
The topic of pregnancy loss leave, or miscarriage leave, has been discussed for a long time in Ireland. After many years of debate, the introduction of this legislation would represent a significant development in Irish employment law.
The proposed Bill would provide five days of paid leave for employees who experience a miscarriage before 23 weeks of pregnancy. The leave would be a statutory right, so once it comes into effect, employers would be legally obligated to provide eligible employees with paid leave.
How can employers prepare for miscarriage leave legislation?
If the legislation comes into effect, businesses will need to review and update their employment documentation. This may include:
- Amending employment contracts to outline the new entitlement
- Updating HR policies and employee handbooks
- Communicating with employees to explain how and when they should request the leave, as well as clarifying pay entitlements and eligibility requirements
- Setting out the medical certification requirements
Would employees be required to provide medical certification?
Employees should be provided with clear information about their rights and the process for requesting miscarriage leave.
The proposed process would require employees to provide medical certification, so employers would need to ensure that their HR policies explain this requirement clearly, along with details of how employees should communicate their need for leave.
Employers should also ensure that managers and HR personnel understand the process so that requests can be handled consistently and sensitively.
How would miscarriage leave impact payroll costs?
Under the proposed Bill, employers would also be required to pay employees during miscarriage leave. The bill would provide five days of leave per year, paid at 70% of the employee’s daily pay rate. This amount would be capped at €110 a day, in line with statutory sick leave.
This addition could affect annual payroll costs, and employers may therefore need to consider the potential impact when preparing budgets and financial forecasts.
What should business owners do now?
Although the proposed legislation is only in the initial stages of development, employers can begin preparing by:
- Reviewing current leave and absence policies
- Identifying employment documents that may require updates
- Considering the potential payroll and budgeting impact
- Planning how the entitlement will be communicated to employees
- Preparing managers to respond appropriately to requests
- Familiarising themselves with any additional requirements if legislation is amended or expanded
The introduction of paid miscarriage leave would be a significant change for Irish businesses and employees. Getting ahead of potential updates will help employers ensure that their HR policies and documentation remain fully compliant with Irish legislation.
