Oireachtas Joint and Select Committees

Tuesday, 14 May 2024

Joint Committee On Children, Equality, Disability, Integration And Youth

Parental Bereavement Leave (Amendment) Bill 2021: Pre-Committee Stage Scrutiny

Ms Nina Doyle:

Féileacáin was formed in 2009 and subsequently registered as a charity in 2010. We are a not-for-profit organisation offering support to anyone affected by the death of a baby around the time of birth. The death of a baby around the time of the birth is now widely recognised as one of the most traumatic experiences a family can go through. However, the impact of the death of a baby perinatally is still widely unacknowledged in society and remains one of the most misunderstood and disenfranchised forms of grief.

Féileacáin’s vision is that every bereaved parent and family member throughout Ireland will be provided with the opportunity to make precious memories with their baby at the time of their baby’s death and all appropriate support services will be available to them afterwards. We want the impact of perinatal death on bereaved families to be recognised within our community through the enhancement of public knowledge and education, and that this impact is reflected in legislation.

Our mission is to provide support to anyone affected by the death of a baby. Personal, emotional and practical support is available to bereaved parents and their families at whatever time they wish to avail of it. This includes memory-making, counselling, social work advice, befriending services, play therapy, support meetings and services of remembrance. Féileacáin also provides support to the professionals who care for bereaved parents along with the wider community who may be affected by perinatal loss.

All supports and services provided by Féileacáin are offered free of charge to all families bereaved through perinatal death who wish to avail of the support offered.

Féileacáin receives no funding from central government but operates with the support of our community and especially the families who have availed of our services and wish to contribute to the support of other bereaved parents. We believe our high level of direct person-to-person contact with bereaved parents puts us in a position where we can speak truthfully and accurately on behalf of bereaved parents nationwide. One of our core aims is to advocate for bereaved families and strive for improvements in legislation and bereavement care.

Féileacáin broadly welcomes the Parental Bereavement Leave (Amendment) Bill. There are, however, several important changes for which Féileacáin advocates if the Bill is to meet the needs of parents of precious stillborn babies. Section 12A (5) of the principal Act currently states that a child "includes a stillborn child born after the 24th week of pregnancy, and the date of death of said child is the date of the birth of the child". At present in Ireland a stillbirth is defined as the death of a baby who has reached a gestational age of at least 24 weeks or weighs at least 500 g. The inclusion of the baby’s weight is an imperative amendment to the above section in the Bill. I also note that this criteria for stillbirth is being reduced as part of the Civil Registration (Electronic Registration) Bill 2024, which is currently progressing through the legislative process. The date of death of a stillborn baby often differs from their date of birth. Sadly, a parent can be given the heartbreaking news that their baby has diedin uteroand they will need to give birth a few days later. Féileacáin requests that the above section be amended to state that a baby’s date of death and birth could be different.

Section 12A (3) states: "Parental bereavement leave shall be taken before the end of a period of 42 days of a child’s death, day one of said 42 days being the day of the child’s death." Any parent who has suffered the heartbreaking loss of a stillborn baby or a neonatal death, where the baby was born alive at any stage of pregnancy but died before 28 days, is entitled to full parental rights and benefits. As it is not possible to take two types of leave at the same time this would exclude mothers who would automatically be on maternity leave from being able to take bereavement leave if the period of bereavement leave is only for 42 days after their baby’s death. The Bill as it currently stands would be another indication of common societal attitudes that our precious babies do not matter as much as older children who sadly die. Including the wording of "stillborn" babies in this Bill could be interpreted as purely tokenistic as it now stands. We have supported many families throughout the years whose grief was compounded due to these types of comments and attitudes, even if the hurt is unintentional. Our babies can only be given the acknowledgement and validation that they absolutely deserve if our legislation reflects this and therefore the timeframe in this important Bill needs to be extended.

In the UK the parental bereavement leave and pay regulation - a statutory instrument - which is known as "Jack’s Law", enables parents to take their bereavement leave up to 56 weeks following the death of a child or stillborn baby. This is to enable parents to be able to take their bereavement leave after any statutory leave they are entitled to. Féileacáin strongly advises that this Bill follows the UK legislation and enables bereaved parents to take their leave within 56 weeks of their baby's death. The UK bereavement leave can be taken in one- or two-week blocks. There are many milestones in that first year of loss and grief. Parents facing the anniversary of their baby’s death or their precious baby’s first birthday are often unable to work through these big milestones. It is not uncommon for bereaved parents to need sick leave at this time, which can bring added stress and worry. Giving bereaved parents the time and space by taking planned parental bereavement leave for these dates would bring some sense of comfort and control at a very difficult time.

Féileacáin welcomes that parents who suffer the loss of more than one child would be entitled to parental bereavement leave in respect of each child. Féileacáin welcomes parental bereavement leave for parents. We ask that section 12A (5) is changed to include the birth weight of the baby and for any future legislative changes to be reflected in this Bill. Féileacáin asks for section 12A (3) to state that a baby’s birth date and date and death can be different. We strongly recommend the timeframe during which parents can take bereavement leave be extended.