Dáil debates

Wednesday, 26 May 2021

Saincheisteanna Tráthúla - Topical Issue Debate

Employment Rights

9:37 am

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party) | Oireachtas source

I thank the Deputies for raising this issue. I welcome the opportunity to come before the House to discuss this important subject. The emotional impact of pregnancy loss is absolutely tremendous. Unfortunately, it is experienced by many. There has been a very welcome move in society towards greater openness about miscarriage and pregnancy loss and the heartbreak it can bring to women and families. I am thankful that we are all moving on from a time when such trauma had to be shouldered in silence. It is, however, very clear that parents who have gone through this experience still do not benefit from the kinds of compassionate supports that should be in place at such an incredibly difficult time.

The Maternity Protection Acts 1994 and 2004 provide that an employee is entitled to full maternity leave in the case of stillbirth after 24 weeks and the Paternity Leave and Benefit Act 2016 also provides for paternity leave in this situation. However, there is currently no provision for the loss of a pregnancy prior to this point, despite the devastation it can bring to parents. The Government fully recognises the need to assist parents in this difficult situation and on Monday this week it agreed not to oppose the Labour Party's Private Members' Bill in the Seanad, the Organisation of Working Time (Reproductive Health Related Leave) Bill 2021, which provides for leave in these circumstance. I acknowledge and thank the Labour Party for bringing forward this important contribution to this debate. I also note and acknowledge the very genuine and personal contributions from Senators that we heard in the course of that debate.

While there are some difficulties with the Labour Party's Bill, which the Minister of State, Deputy English, outlined in his contribution, the Government recognises that this is an issue which must be addressed. In this regard, my Department and I have committed to undertake research to examine how best to support working parents who have suffered a miscarriage. We need to understand how we can meet the need for time off from work. This may be through paid leave, additional unpaid leave or other measures required by parents who have suffered a miscarriage. This research will inform Government policy and help us to develop a practical, workable response through leave or other supports. We have seen international examples of this type of leave being introduced, particularly in New Zealand, and I will examine those options in the context of the research being undertaken.

This is an issue that affects both parents and supports should be available to both. We want to facilitate parents having this conversation with their employers, recognising that they have suffered a bereavement and need time to deal with their loss. Reproductive health should be supported in the workplace and employees should not feel concerned that an honest conversation about their loss or their reproductive health challenges will disadvantage them in any way. I am sure most employers would deal with people in this situation in a sensitive manner, as Deputy Carroll MacNeill has alluded to, but a statutory entitlement may provide more encouragement towards openness.

I again thank the Deputies for raising this Topical Issue matter and I thank the Labour Party for introducing its Private Members' Bill. I look forward to continuing to engage with Members of the House as we undertake this research and subsequently make proposals.

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