12/10/2026

As Baby Loss Awareness Week (9 – 15 October 2026) brings renewed attention to workplace support following pregnancy loss, employers should note that the proposed Pregnancy Loss Leave Bill has now been included in the Government’s Autumn 2026 legislative programme for priority drafting.

The General Scheme of the Pregnancy Loss Leave Bill was published in July 2026 and proposes the introduction of a new statutory leave entitlement for employees who experience a medically certified pregnancy loss before 23 weeks’ gestation.

If enacted in its current form, the legislation would provide:

• A statutory entitlement to five working days‘ pregnancy loss leave.
• A day-one right to take the leave.
• Statutory payment of 70% of normal gross earnings, subject to a maximum of €110 per day.
• A 13-week continuous service requirement before payment becomes payable.
• Flexibility for leave to be taken either consecutively or non–consecutively.
• A requirement that leave be used within 56 weeks of the pregnancy loss.

The proposed entitlement is intended to address a gap in the current legislative framework. While employees who experience a pregnancy loss after 23 weeks’ gestation may qualify for maternity leave and maternity benefit provisions, there is currently no dedicated statutory leave entitlement where the loss occurs before that point.

The Bill also proposes a range of employment protections, including anti-penalisation measures and amendments to unfair dismissal legislation. Responsibility for enforcement would rest with the Workplace Relations Commission.

Importantly, employers operating a pregnancy loss leave scheme that is more favourable overall than the proposed statutory entitlement would be exempt from the statutory obligations.

What should ROI employers be doing now?

Although the legislation has not yet been enacted, its inclusion in the Autumn legislative programme signals continued Government commitment to progressing the measure. Employers may wish to begin preparations by:

• Reviewing family leave, bereavement and absence management policies.
• Assessing whether existing provisions would meet or exceed the proposed statutory requirements.
• Considering any payroll and record-keeping changes that may be required.
• Providing guidance and training for managers who may receive requests for pregnancy loss leave.
• Monitoring the progress of the Bill as it moves through the legislative process.

We will continue to keep members updated as the legislation progresses and provide further guidance once the final provisions become clear.

The position in Northern Ireland

On 6 April 2026, Northern Ireland introduced statutory paid bereavement leave and pay for parents affected by miscarriage (defined as pregnancy loss before 24 weeks) .

The new Regulations extended Parental Bereavement Leave and Pay to employees who experienced a miscarriage, as well as their partners, entitling them to up to two weeks’ paid leave to grieve and support one another. The changes also made Parental Bereavement Leave and Pay a Day-One employment right by removing the previous 26-week qualifying service requirement.

Eligible employees continued to be required to meet the statutory earnings threshold of £129 per week. Importantly, parents were only required to provide a declaration of entitlement, rather than medical evidence, recognising the sensitive nature of pregnancy loss and avoiding additional administrative burdens during a difficult time.