A new statutory leave could be on the way: Pregnancy Loss Leave
Pregnancy loss is deeply personal but for many people, it is also something they have to navigate while working. With the Irish Government now proposing a new statutory entitlement to pregnancy loss leave, employers need to start thinking about what this could mean for their people, their policies and their workplace culture.
A new statutory leave could be on the way
In July 2026, the Government approved the General Scheme of the Pregnancy Loss Leave Bill, paving the way for legislation that would introduce a specific statutory leave entitlement for pregnancy loss occurring before 23 weeks' gestation.
The proposal would provide five days of paid pregnancy loss leave per year.
The proposed leave would be:
Available where pregnancy loss occurs before 23 weeks' gestation;
A separate statutory entitlement, rather than sick leave or maternity leave;
Subject to medical certification;
A day-one right to leave;
Subject to a 13-week service requirement for payment;
Paid by the employer at 70% of the employee's daily rate, capped at €110 per day under the current proposal; and
Protected, so that employees exercising the entitlement would have employment protections.
Employers that already provide a pregnancy loss scheme that is, taken as a whole, more favourable to employees would not be required to replace that scheme with the statutory provisions.
It is important to stress that this is currently a proposed entitlement, not an existing statutory right. The General Scheme sets out the Government's proposal and the Bill still needs to progress through the legislative process.
Why is this significant?
The proposed legislation addresses what has effectively been a gap in the existing framework. Under current Irish law, maternity leave provisions apply where a pregnancy ends in stillbirth from 23 weeks' gestation, or where the baby has a birth weight of at least 400 grams.
For pregnancy loss before that point, there is currently no separate statutory pregnancy loss leave entitlement. An employee may, depending on their circumstances, take sick leave where they are medically unfit for work. The proposed legislation would change that by creating a specific statutory framework for pregnancy loss before 23 weeks.
But is five days enough?
The proposed entitlement establishes a minimum statutory framework. It does not mean that every employee will experience pregnancy loss in the same way — or that five days will necessarily represent the amount of time an individual needs.
Some employees may need only a short period away from work. Others may need longer, particularly where there are physical complications, ongoing medical treatment or a significant emotional impact.
This is where good HR practice matters.
A statutory entitlement should be viewed as a minimum framework, rather than the entirety of an employer's response. Employers can still consider additional flexibility, existing sick leave provisions, compassionate leave, annual leave, flexible working and wellbeing supports where appropriate.
What does this mean for managers?
For many organisations, the most challenging part of pregnancy loss won't be administering the leave. It will be knowing how to respond when an employee says: "I've had a miscarriage." Managers don't need to have all the answers. But they should know how to respond with empathy, protect confidentiality and understand what support is available.
A good first response doesn't need to be complicated:
"I'm very sorry you're going through this. Take the time you need, and I'll make sure we look at what support and leave are available to you."
The practical HR processes still need to happen but they don't necessarily need to happen in the first conversation.
The importance of confidentiality
Pregnancy loss is highly personal information.
Employers should consider carefully who needs to know, how information is recorded and how managers communicate an employee's absence to colleagues. An employee should not have to repeatedly explain their circumstances to different people within the organisation.
A well-designed policy can help by establishing a clear process for notifying the appropriate person, dealing with any necessary medical certification and accessing support while limiting unnecessary disclosure.
Is this just a policy issue?
No. This is also a culture issue.
The Government's PLACES research, which informed the proposed legislation, examined the workplace experiences of people who had experienced pregnancy loss before 24 weeks.
The research included a national survey with 913 participants, a qualitative interview study with 13 participants, a review of existing workplace policies and international research. It identified a lack of formal acknowledgement and support around pregnancy loss and recommended a statutory right to paid leave for pre-viability pregnancy loss.
The research also highlighted issues around workplace culture, financial concerns, emotional challenges and potential impacts on career progression.
That matters because a policy can tell employees what leave they are entitled to. Culture determines whether they feel comfortable using it.
What should Irish employers be doing now?
There is no need to wait for the legislation to be enacted before reviewing your approach.
For employers, now is a good time to ask some straightforward questions.
1. Do we have a pregnancy loss policy?
If not, where does pregnancy loss currently sit within your HR policies? Is it dealt with through sick leave, compassionate leave or another arrangement?
Whatever approach you take, employees and managers should be able to understand it.
2. Do our managers know how to respond?
Managers are often the first point of contact. They need practical guidance on what to say, what not to ask, how to maintain confidentiality and where to go for HR support.
3. Are we relying too heavily on a one-size-fits-all approach?
Two employees may experience pregnancy loss very differently. Consider how your policies can provide a consistent framework while allowing appropriate flexibility for individual circumstances.
4. What wellbeing support is available?
Does your organisation offer an Employee Assistance Programme? Are counselling or other supports available? Do employees know how to access them?
5. How will we manage the return to work?
Returning to work after pregnancy loss may not be straightforward. Managers should consider whether a phased return, temporary flexibility, changes to workload or simply a supportive check-in would be appropriate. The objective isn't to make assumptions about what an employee needs. It is to create an environment where they can communicate what they need.
What about SMEs?
This issue isn't limited to large employers. For smaller businesses, the absence of formal HR infrastructure can sometimes mean that sensitive situations are dealt with entirely on a case-by-case basis. That can work when the right manager is involved. But it can also create inconsistency.
One employee may receive considerable flexibility, while another in a similar situation may be told to use annual leave or sick leave.
Having a straightforward policy and clear management guidance can help SMEs avoid that uncertainty. It doesn't need to be complicated.
A good policy can be concise, practical and focused on what matters: What happens when an employee experiences pregnancy loss, and how can we support them?
This is an opportunity for employers
The proposed Pregnancy Loss Leave Bill is ultimately about more than five days' leave. It is part of a wider conversation about how workplaces respond to reproductive health, family life and the realities employees experience outside of work.
For HR teams, it is an opportunity to consider whether existing policies reflect the workforce they are supporting.
For managers, it is an opportunity to become more confident in handling difficult conversations.
And for businesses, it is an opportunity to demonstrate that supporting employees isn't simply about ticking a compliance box.
It is about creating a workplace where people can experience difficult moments without feeling that they have to hide them. The legislation may establish a statutory minimum. Good employers can choose to think beyond the minimum.
What should employers do next?
We would recommend that businesses:
Review existing pregnancy loss, sick leave, compassionate leave and family friendly policies;
Consider whether a dedicated pregnancy loss policy would provide greater clarity;
Train managers on responding appropriately to pregnancy loss;Review confidentiality and information-sharing procedures;
Assess existing wellbeing and Employee Assistance Programme supports;
Consider how returns to work will be managed; and
Monitor the progress of the Pregnancy Loss Leave Bill so that policies can be updated once the legislation is enacted.
The law may be changing, but employers don't have to wait for the law to change before improving how they support their people.
At Emerald HR, we help employers navigate changes in employment legislation and, importantly, translate those changes into practical HR policies that work for both the organisation and its people.
If your business is reviewing its pregnancy loss, family friendly or employee well being policies, we would be happy to help you understand what you need to consider and put a practical approach in place.
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