First published on Friday, September 18, 2026
Last updated on Friday, September 18, 2026
In July, the Government approved the scheme of the Pregnancy Loss Bill 2026. This would give five days’ paid leave a year to an employee who experiences pregnancy loss or termination before 23 weeks.
Current arrangements
Currently, women are entitled to full maternity leave in the case of a stillbirth after 24 weeks’ gestation. But there is currently no support for a miscarriage before that, unless an employee chooses to take their five days’ statutory sick pay.
Statutory sick pay currently entitles employees to five days a year at 70% of their daily pay, capped at €110 per day. Any leave after this is unpaid, unless the employer has a more favourable sick pay scheme.
Proposed changes
Five days’ leave for employees who experience miscarriage or termination before 23 weeks of pregnancy.
Leave can be split into two blocks.
Leave must be taken within 56 weeks of the pregnancy loss.
Pay is at the same rate as sick pay.
The entitlement to leave will be a day one right.
The entitlement to payment will be from 13 weeks of service.
The employee will need to give a certificate from a medical practitioner to their employer.
Pay for partners will be considered in a future phase.
Employer actions
Monitor developments and check your current family leave, sickness absence and employee wellbeing policies.
When the Bill is passed, you’ll need a policy and procedure for pregnancy loss leave. You’ll also need to track entitlement and leave taken and store your medical certification.
Think about record keeping, amending your employee handbooks and contracts once the changes are implemented.
Review your flexible working policies and consider return-to-work arrangements.
And consider wellbeing support beyond these proposals, for employees and family members.
How BrightHR can help
Get up to date documentation from BrightBase, a library of 400+ legally compliant policies, procedures and handbooks.
Keep on top of your leave and HR records with unlimited document storage.
Make sure your team is up to date with new legislation with alerts and read receipts from your HR software.
Give your employees access to an Employee Assistance Programme (EAP) for confidential help, wellbeing support and counselling.
