Pregnancy loss is a deeply personal experience, but it can also create difficult questions in the workplace. Employers may need to support an employee while dealing with short-notice absence, medical certification, payroll, confidentiality and the practical needs of the business.

The Government has now approved plans to introduce a statutory early pregnancy loss leave entitlement in Ireland. Under the proposal, an employee who experiences a pregnancy loss before 23 weeks of pregnancy would be entitled to five days of leave each year. The leave would cover both miscarriage and certain lawful terminations of pregnancy.

The proposal has not yet become law. However, employers should understand the likely requirements now so they can prepare their policies, payroll systems and managers before the entitlement comes into force.

This guide explains:

• What pregnancy loss leave is
• Who is expected to qualify
• How much employers may have to pay
• Whether miscarriage and abortion are covered
• How and when the proposal will become law
• What employers should do to prepare
• How managers should handle pregnancy loss sensitively

The law will set the minimum standard, but the employee’s experience will be shaped by the way their employer responds.

What Is Pregnancy Loss Leave in Ireland?

Pregnancy loss leave is a proposed statutory employment entitlement for a person who experiences a pregnancy loss before 23 weeks of pregnancy. It is intended to provide protected time away from work for physical recovery, medical care and the emotional effect of the loss.

Under the proposal approved by the Government, an eligible employee would receive up to five days of paid leave in a year. The leave would be separate from statutory sick leave and would not reduce the employee’s normal sick leave entitlement.

The proposed rules include the following:

• Five days of pregnancy loss leave each year
• A right to take the leave from the first day of employment
• A requirement for 13 weeks of service before payment is due
• Payment by the employer
• Payment at 70% of the employee’s daily rate
• A maximum payment of €110 per day
• A requirement for medical certification
• Protection for employees who use the entitlement

At the maximum proposed rate, an employer could be required to pay up to €550 for five days of pregnancy loss leave. The final cost to an organisation may also include temporary cover, changes to workloads and payroll administration.

Is Pregnancy Loss Leave Already Law in Ireland?

Pregnancy loss leave is not yet a statutory entitlement in Ireland. Cabinet approval means that the Government has approved the policy and authorised the preparation of legislation, but employees cannot claim the proposed five days under employment law at this stage.

This distinction is important because employers should not describe the proposal as an existing legal right. An organisation may already offer pregnancy loss leave voluntarily, but that is different from the statutory entitlement proposed by the Government.

Employers should prepare for the change while making it clear that:

• The legislation has not yet been passed
• Some details may change during the legislative process
• No confirmed commencement date has been announced
• Existing company benefits continue to operate under their current terms
• The statutory entitlement cannot be claimed until the legislation is commenced

The Government has stated that it wants to progress the measure before the end of 2026. That is a policy objective rather than a guaranteed date on which employees will become entitled to take the leave.

How and When Will Pregnancy Loss Leave Become Law?

Cabinet approval is only the first major stage in creating a new employment right. The proposed rules must be converted into detailed legislation before they can be debated, passed and implemented. The government are hoping the pregnancy loss leave will be written into law by the end of 2026.

The process is expected to involve the following stages:

1. Drafting the Bill

   Parliamentary counsel will prepare the detailed wording of the Pregnancy Loss Leave Bill. This stage turns the broad policy approved by the Government into precise legal rules.

2. Publishing the Bill

   Once drafting is complete, the Bill will be published. Employers will then be able to review the proposed definitions, notice rules, payment arrangements and employee protections in greater detail.

3. Oireachtas consideration

   The Bill must proceed through the required stages in the Dáil and Seanad. Members of the Oireachtas can debate the proposal and suggest amendments during this process.

4. Passing both Houses

   The final version must be approved by both the Dáil and Seanad. The wording may differ from the original proposal by the time this stage is completed.

5. Presidential signature

   Once passed, the Bill can be presented to the President for signature. It then becomes an Act.

6. Commencement

   Becoming an Act does not always mean that the new entitlement starts immediately. The relevant minister may need to sign a commencement order or introduce supporting regulations before employees can use it.

Employers should therefore monitor more than the date on which the Bill is passed. The key date for practical purposes will be the date on which the entitlement is formally commenced.

Does Pregnancy Loss Leave Cover Miscarriage and Abortion?

The proposed entitlement is not limited to spontaneous miscarriage. The Government’s plans are intended to cover a pregnancy that ends before 23 weeks without a live birth, including a lawful termination carried out under Irish legislation and ectopic pregnancies.

This is an important point for employers because the circumstances surrounding a pregnancy loss are highly private. A manager should not ask an employee whether the loss was caused by miscarriage, medical complications or a termination of pregnancy.

The employer’s role should be limited to the information needed to administer the leave. In practice, this is likely to involve:

• Confirming that the employee is eligible
• Receiving the required medical certification
• Recording the leave correctly
• Processing any payment due
• Protecting the employee’s confidentiality
• Arranging appropriate cover for the absence

Managers should never place an employee in a position where they feel they must explain or defend the circumstances of the pregnancy loss. The final legislation will determine exactly what medical evidence is required, but the process should involve the minimum necessary personal information.

Who Will Be Entitled to Pregnancy Loss Leave?

The proposed statutory entitlement would apply to the person who experiences the pregnancy loss. It would be a day-one right, which means the employee would not need to complete a minimum period of employment before being entitled to take the time away from work.

However, the right to payment would be subject to a separate service requirement. An employee would need to have completed 13 weeks of service before the employer became legally responsible for paying them during pregnancy loss leave.

This creates two separate questions for employers:

1. Is the employee entitled to take pregnancy loss leave?
2. Is the employee entitled to be paid during that leave?

For example, an employee who has worked for an organisation for six weeks may be entitled to take the five days of leave. However, because they have not completed 13 weeks of service, the employer may not be required to pay them for those days.

HR policies and payroll processes must explain this difference clearly. Without a clear distinction, a manager could incorrectly refuse the leave because the employee does not yet qualify for payment.

Will Partners Be Covered by the New Entitlement?

Based on the proposal announced by the Government, the statutory entitlement is intended for the person who experiences the pregnancy loss. It does not currently appear to provide the same five days of statutory leave to a spouse, partner or intended parent.

The final legislation may provide further detail, so employers should avoid making firm statements until the Bill is published and passed. However, organisations are free to introduce a broader internal benefit if they wish to support partners as well as the person who experienced the loss.

A more generous company policy might include:

• A spouse or civil partner
• A cohabiting partner
• The other parent of the pregnancy
• An intended parent in a surrogacy arrangement
• Another employee directly affected by the loss

Employers should consider both the human and commercial implications of extending the benefit. A broader policy may strengthen employee trust and retention, but it should be drafted carefully so that eligibility is clear and similar cases are treated consistently.

How Much Will Pregnancy Loss Leave Cost Employers?

The proposed leave would be paid directly by the employer. The rate would be 70% of the employee’s normal daily earnings, subject to a maximum payment of €110 per day.

This means the calculation could work as follows:

• Where 70% of daily pay is €75, the employee would receive €75
• Where 70% of daily pay is €100, the employee would receive €100
• Where 70% of daily pay is €140, payment would be capped at €110
• Five days paid at the maximum rate would cost the employer €550

The direct wage cost is only one part of the commercial impact. An employer may also need to arrange short-term cover, move deadlines, redistribute work or pay overtime to another employee.

The final legislation will need to explain how daily pay is calculated for employees with less straightforward working arrangements, including:

• Part-time employees
• Shift workers
• Employees with irregular hours
• Employees who earn commission
• Employees who regularly work overtime
• Employees with more than one hourly rate
• Employees receiving allowances or premiums

Payroll teams should begin considering how the new category of leave could be recorded. However, employers should wait for the final legislation before building permanent calculation rules into their systems.

Will Medical Certification Be Required?

The Government’s proposal states that medical certification will be required. The final legislation or supporting regulations will need to clarify who can issue the certificate and how much information it must contain.

Medical documents relating to pregnancy loss should be treated as highly sensitive information. They should be received and stored through a restricted HR or payroll process, rather than being circulated between several managers.

A line manager may need to know:

• That the absence is approved
• How long the employee is expected to be away
• Whether temporary work cover is needed
• When the employee would like to be contacted

The manager will rarely need to know:

• How the pregnancy ended
• The employee’s diagnosis or treatment
• How many weeks pregnant the employee was
• Whether the pregnancy was planned
• Details of the employee’s future family plans

The employer should collect only the information required to manage the leave. This protects the employee’s dignity and reduces the risk of sensitive medical information being mishandled.

What Should a Manager Say to an Employee?

Managers may worry about saying the wrong thing when an employee discloses a pregnancy loss. They do not need to provide counselling or find the perfect words, but they should respond with compassion and explain the practical process calmly.

A suitable initial response might be:

“I am very sorry for your loss. You do not need to share personal details with me. I will explain the leave process and make sure the information is handled privately.”

The manager should then:

1. Ask whether the employee is safe and able to discuss immediate arrangements
2. Explain who in HR or payroll will manage the leave
3. Confirm that unnecessary medical details are not required
4. Agree how and when the employee would like to be contacted
5. Deal only with urgent work handover requirements
6. Reassure the employee that their privacy will be protected
7. Arrange a sensitive return-to-work conversation when appropriate

Managers should avoid trying to minimise the loss or comparing it with somebody else’s experience. Even well-intentioned comments can be upsetting when they suggest that the employee should recover quickly or focus on a future pregnancy.

Comments and questions to avoid include:

• “At least it happened early.”
• “You can always try again.”
• “Everything happens for a reason.”
• “Was it a miscarriage or an abortion?”
• “How far along were you?”
• “When are you coming back?”
• “Can you finish this task before you go?”

A calm, respectful and practical response is usually the most helpful approach.

Why Is a Separate Leave Entitlement Necessary?

Some employers may reasonably ask why pregnancy loss/ miscarriage/ abortion cannot continue to be managed through statutory sick leave. An employee may already be able to take sick leave where a doctor certifies that they are medically unfit for work.

However, pregnancy loss is not always experienced only as an illness. The employee may require time for physical recovery, medical appointments, grief and the practical consequences of the loss.

A separate entitlement would also prevent pregnancy loss from automatically reducing the employee’s remaining statutory sick leave. This recognises the specific nature of the absence and gives both the employer and employee a clearer process to follow.

Under current Irish arrangements, a stillbirth may be registered where the baby has a gestational age of at least 23 weeks or weighs at least 400 grams and shows no sign of life. The proposed pregnancy loss leave is intended to address the gap before that threshold.

What Will Pregnancy Loss Leave Mean for Employers?

The entitlement is limited to five days, but implementing it correctly will require more than adding one sentence to an employee handbook. Employers will need a coordinated process involving HR, payroll, line managers and senior leadership.

The main practical issues are likely to include:

• Establishing eligibility
• Checking the employee’s length of service
• Calculating the correct payment
• Receiving medical certification
• Protecting sensitive information
• Recording the leave separately
• Managing unexpected absence
• Training managers
• Supporting a safe return to work
• Preventing penalisation or unfavourable treatment

The process should be simple enough for an employee to use during a difficult period. Requiring repeated explanations, multiple approvals or unnecessary paperwork could undermine the purpose of the entitlement.

Eight Steps Employers Should Take Now

Employers do not need to wait until commencement day to begin preparing. Early planning will reduce the risk of rushed policy changes, payroll mistakes and inconsistent manager responses.

1. Review Existing Leave Policies

Start by reviewing every policy that could interact with pregnancy loss leave. This may include sick leave, maternity leave, compassionate leave, bereavement leave, annual leave and flexible working arrangements.

The review should identify:

• Whether pregnancy loss is already covered
• Whether the organisation provides full or partial pay
• Whether partners are included
• Whether medical evidence is required
• Whether the benefit is contractual or discretionary
• How the absence is currently recorded

This work will help the organisation understand whether it needs a new policy or an amendment to an existing one.

2. Compare Existing Benefits With the Proposed Minimum

Some employers already offer more generous pregnancy loss benefits than those proposed by the Government. These may include full pay, additional days or leave for the employee’s partner.

Employers should compare their current arrangements with the proposed statutory scheme by looking at:

• The number of days available
• The rate of payment
• Minimum service requirements
• Who is eligible
• The certification process
• Whether leave can be taken as separate days
• The period in which leave must be used

A policy should not be changed in a way that accidentally removes a more favourable existing benefit.

3. Map the Payroll Process

Payroll should begin identifying how pregnancy loss leave could be processed separately from sick leave and other absences. The system will need to recognise the 13-week service requirement and apply the proposed 70% payment rate and €110 daily cap.

The payroll review should consider:

• How daily pay is calculated
• How service is checked
• How variable earnings are handled
• How the daily cap is applied
• How the leave appears on payslips
• How corrections and overpayments are managed
• Who can access the payroll record

Permanent changes should not be completed until the final legal rules are known.

4. Create a Confidential Reporting Route

An employee should not need to explain a pregnancy loss to several people in order to access leave. Employers should identify one confidential route through which the request and medical certification can be handled.

That route may involve:

• A designated HR contact
• A senior manager in a small business
• An outsourced HR adviser
• A restricted payroll contact
• A secure online absence system

The employee’s manager should receive only the information required to manage the absence and workload.

5. Prepare a Manager Guide

A short, practical manager guide can reduce the risk of insensitive questions or inconsistent decisions. It should tell managers exactly what to do from the moment an employee makes a disclosure.

The guide should cover:

• The words managers can use
• Questions they should avoid
• Who should receive medical documents
• How to arrange urgent work cover
• How to protect confidentiality
• When contact during leave is appropriate
• How to support the return to work

Managers should understand that their role is to respond professionally and compassionately, not to investigate the circumstances.

6. Plan for Business Continuity

Pregnancy loss leave may arise without warning, so employers should have simple cover arrangements for important duties. The employee should not be expected to prepare a detailed handover during a medical or emotional crisis.

A practical continuity plan could include:

• Identifying critical tasks
• Assigning temporary backup responsibilities
• Maintaining shared access to essential documents
• Allowing managers to postpone non-urgent deadlines
• Using overtime or temporary support where necessary
• Avoiding unnecessary contact with the employee during leave

Good business continuity planning reduces pressure on both the employee and the wider team.

7. Review Data Protection Procedures

Pregnancy loss information is sensitive health data and should be handled carefully. Employers should review who can see the information, where it is stored and how long it is kept.

The organisation should make sure that:

• Medical documents are stored securely
• Access is limited
• Managers do not retain informal copies
• Emails are not widely circulated
• Absence records use appropriate descriptions
• Information is retained only as long as necessary

Clear data handling rules will support employee trust and reduce legal and reputational risk.

8. Monitor the Legislation

Employers should continue to monitor the Bill as it moves through the legislative process. The final rules may contain details that were not included in the initial Government announcement.

Important issues to watch include:

• The final definition of pregnancy loss
• The exact employees covered
• Whether partners receive any entitlement
• How and when the five days may be taken
• Notice requirements
• Medical certification requirements
• Calculation of daily pay
• Record-keeping obligations
• Protection against penalisation
• The commencement date

Policies should be finalised only when the legislation and any supporting regulations have been published.

Should Employers Introduce Pregnancy Loss Leave Now?

Employers do not have to wait for a statutory entitlement before introducing their own pregnancy loss policy. A voluntary policy may provide clarity and support employees during the period before the new law comes into effect.

Any voluntary policy should explain:

• Who qualifies
• How many days are available
• Whether the leave is paid
• The rate of pay
• Whether partners are included
• Whether medical certification is required
• How the employee requests the leave
• Whether the benefit is contractual or discretionary
• How confidentiality will be protected

The organisation should also make sure that the policy is applied consistently. A compassionate benefit can still cause employee relations problems where similar cases are treated differently by different managers.

Key Takeaway for Employers

Pregnancy loss leave has been approved as a Government proposal, but it is not yet an enforceable statutory right. The legislation must still be drafted, passed through the Oireachtas, signed and formally commenced.

Employers should use this time to review their policies, identify payroll changes, protect sensitive information and prepare managers. Early planning will make it easier to introduce the entitlement smoothly when the final rules and commencement date are confirmed.

The most effective approach is clear, calm and compassionate. Employers should understand the legal minimum while also considering the experience they want their people to have during one of the most difficult events they may face.

How HRconsultants.ie Can Help

HRconsultants.ie are Ireland’s most agile people partners. We help employers understand new employment legislation and turn legal requirements into practical workplace processes.

Our team can support employers by:

• Reviewing existing leave policies
• Drafting a pregnancy loss leave policy
• Updating employee handbooks
• Preparing manager guidance
• Training line managers
• Reviewing confidential reporting procedures
• Supporting payroll preparation
• Advising on difficult employee relations situations
• Monitoring legislative developments
• Helping employers implement the final entitlement

Preparing now will reduce risk, prevent rushed decisions and give managers the confidence to respond appropriately. Contact HRconsultants.ie for clear, practical advice on pregnancy loss leave and other employment law changes.

Frequently Asked Questions About Pregnancy Loss Leave in Ireland

Is pregnancy loss leave already law in Ireland?

No. The Government has approved plans for the entitlement, but the proposed Bill must still complete the legislative process and be formally commenced before employees can claim it.

How many days of pregnancy loss leave are proposed?

The Government proposes five days of statutory pregnancy loss leave per year for a person who experiences a qualifying loss before 23 weeks of pregnancy.

Will pregnancy loss leave be paid?

Yes. The proposal provides for employer-funded payment at 70% of the employee’s daily rate, capped at €110 per day.

Will every employee be entitled to payment?

No. The right to take leave would apply from the first day of employment, but the employee would need 13 weeks of service before qualifying for statutory payment.

Does pregnancy loss leave cover miscarriage?

Yes. Miscarriage before 23 weeks is covered by the proposed entitlement.

Does pregnancy loss leave cover abortion?

The proposal is intended to include abortions covered under Irish law. Employers should not ask employees to disclose unnecessary details about how the pregnancy ended.

Will an employee need medical certification?

Yes. Medical certification is included in the Government’s proposal, although the final legislation will determine the precise documentation required.

Will an employee’s partner qualify for leave?

No, the announced proposal appears to cover the person who experiences the pregnancy loss. Employers may choose to provide a broader company benefit that includes partners.

Is pregnancy loss leave the same as sick leave?

No. It is intended to be a separate statutory entitlement, although the proposed rate of payment follows the same 70% and €110 cap used for statutory sick leave.

Can an employer provide more than five days?

Yes. An employer can offer a more generous benefit, such as additional days, full pay or leave for the employee’s partner.

When will pregnancy loss leave come into force?

There is no confirmed commencement date. The Bill must first be drafted, passed through the Oireachtas, signed into law and formally commenced. Early indicators suggest by the end of 2026 or early 2027.

What should employers do now?

Employers should review their policies, prepare payroll systems, identify a confidential reporting process, train managers and monitor the legislation as it progresses.