Brendan Howlin (Wexford, Labour) | Oireachtas source

The need to protect and support women during pregnancy and ensure that they are not discriminated against is a priority strongly reflected in the design of the new public service sick leave scheme.  We brought this to the Labour Court and specifically asked it to consider additional protection for women.

The new scheme operates strictly in accordance with the European Court of Justice ruling which establishes what constitutes, and perhaps more specifically what does not constitute, discrimination in relation to the application of any sick leave provision.

Where a female employee goes sick with a pregnancy-related illness she will be treated the same as another employee until such time as she has exhausted her sick leave. At that point she will be given extra protection beyond what other employees would ordinarily get because she will not go below half pay for as long as she has a pregnancy-related illness.

Also reflecting the principles of EU law, 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 overall sick leave limits - this is the four-year horizon instanced by Deputy Daly earlier - nor are any pregnancy-related illnesses counted in respect of eligibility for promotion and higher duty allowances.

I would also draw the Deputy's attention to the extra protections in the critical illness protocol which allow for an increase in access to paid sick leave and, by agreement with the Labour Court, provide specifically for pregnancy-related illnesses. Where a pregnancy-related illness is serious, it will be covered by that protocol.  One of the criteria for awarding the protocol more generally is two consecutive weeks of hospitalisation. However, this requirement is reduced to two days for pregnancy-related illness in accordance with a determination of the Labour Court. I will provide the Deputy with the reference for that judgment.

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