Brendan Howlin (Wexford, Labour) | Oireachtas source

The legal position on the treatment of pregnancy-related illness, in particular the issue raised in the Deputy's question, is set out in a European Court of Justice ruling in the McKenna case. This case addressed, inter alia, the counting of sick leave for pregnancy-related illness. The court considered it was not discriminatory for pregnancy-related absences to be offset against the maximum number of days of paid sick leave to which a female employee was entitled. However, it also confirmed that, although it was not discriminatory to count the number of pregnancy-related sick leave days, a woman should still have access to the minimum payment she would have received if she had not suffered a pregnancy-related illness. In accordance with this, the new sick leave scheme provides that any pregnancy-related absence for which a female employee has been paid at the half rate will not count towards her paid sick leave limits. Pregnancy-related illnesses are also discounted in consideration for promotion and higher duty allowances. In addition, consistent with the judgment, the new sick leave scheme provides that a female employee who suffers from a pregnancy-related illness will be covered by the same sick leave provisions as other employees and will also have additional protections afforded to her in order that her pay does not fall below a certain level.

In these ways, the public service sick leave scheme recognises the distinct position of the pregnant worker and makes provision for the protection of the health and welfare of such workers. The new scheme not only implements the principles of European law in the non-discrimination against pregnant workers, it also provides additional support in the context of the new critical illness protocol. While I am keeping the new sick leave scheme under constant review, I do not intend to revise it at this early stage until I have seen how it works in practice. I have, however, committed to undertaking a formal review of the new scheme after a full year of its operation to ensure any adjustment necessary to enhance the operation of the scheme may be made. I will consider all issues raised in the course of the year as part of that review and any anomaly or unforeseen implication of the scheme will be addressed.

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