Dáil debates

Thursday, 26 January 2023

Parental Bereavement Leave (Amendment) Bill 2021: Second Stage [Private Members]

 

8:04 pm

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

I move amendment No. 1:

To delete all words after "That" and substitute the following: "Dáil Éireann resolves that the Parental Bereavement Leave (Amendment) Bill 2021 be deemed to be read a second time this day 12 months, to allow for time to further examine the issues raised in the Bill alongside existing work to examine the workplace impact of pregnancy loss and miscarriage leave.".

I thank Deputies Cronin and O'Reilly for bringing forward this Private Member's Bill which the Government will not be opposing, although we will be seeking a 12-month timed amendment. I am not a dad myself but I know that the grief of a parent on losing a child is unimaginable. I have no doubt there may be parents watching this discussion today and I want to offer my condolences to anyone who has been bereaved in this way.

The proposals in this Private Member's Bill bring an important focus to bereaved parents and the ways in which a workplace can support them. As Deputies have outlined, the Bill would amend the Parental Leave Act 1998 to introduce a statutory minimum of ten days' bereavement leave for parents of a child, with a child defined as being under the age of 18. The leave is to be taken within 42 days of the death of the child. The Bill also includes amendments to provide for the protection of employment rights while a parent is availing of the leave.

There is currently no form of statutory bereavement leave of any kind in Ireland. This type of leave is normally dealt with through employment contracts and, as the Deputy said, many employers will do the right thing in these situations. The broader policy on workplace leave is under the remit of my colleague, the Minister for Enterprise, Trade and Employment, but, as this particular leave would apply to parents only, it is for consideration by my Department, which holds the policy on family leave.

There have been significant developments in the forms of leave available to working parents in recent years. This includes introduction in 2019 of paid parents' leave and the expansion of that leave last year and this year so that it now provides seven weeks paid leave to each parent of a child under the age of two. In 2019, unpaid parental leave underwent a significant extension, with the entitlement now standing at 26 weeks for a child under 12. These developments have taken place alongside a broader expansion of entitlements for all workers, like statutory sick leave and the embrace of the more flexible working patterns which have emerged from the Covid-19 pandemic. As we have discussed previously, new measures are being brought forward as part of the Work Life Balance and Miscellaneous Provisions Bill 2022, which will include the introduction of five days' leave for medical care purposes, five days' paid domestic, sexual and gender-based violence leave, the right to request flexible working for parents and carers, the right to request remote working for all employees and, of course, the extension of breastfeeding breaks. I recognise that none of these types of leave, none of these positive advancements, would address bereaved parents specifically but I highlight them as a context in which change in leave has taken place in recent years.

In consultation with employers and social partners around the development of new or extended entitlements, issues come up such as the impact it has on employers and the ability of employees to avail of their statutory entitlements. Both employers and employees need to be comfortable and confident that they can and do ensure that all leaves are taken appropriately and fully availed of. The Government recognises that these developments, which are of huge benefit to parents, must also be practical and fully meet the needs of both parents and carers.

The Government fully appreciates that parents who have experienced a bereavement need support, need understanding and need time and space to process their grief. Providing leave from working obligations is one way to address this but there can be broader concerns around how a workplace can meet the needs of a parent in that situation. Providing leave on its own without other supports may not always be the answer in a particular parent’s situation.

As Deputies will be aware, my Department has commissioned a research project on the workplace impact of pregnancy loss in response to the issue of miscarriage leave, which has been raised previously in this House.

This is being undertaken through the PLACES study, which is the Pregnancy Loss in Workplaces: Informing policymakers on support mechanisms, and is being led by the pregnancy loss research group in University College Cork. This brings together expertise from the medical and business schools in UCC and NUIG.

This particular study will examine whether policy interventions are required in the workplace to better support people following pregnancy loss. Informed by international best practice, the study will put forward recommendations for formal and-or informal support mechanisms that could be introduced in the workplace to better support working people experiencing pregnancy loss. Support mechanisms may include the provision of compassionate or bereavement leave, flexible working arrangements, or other workplace policies.

This study will focus on people who experience pregnancy loss prior to 24 weeks' gestation, as people who have a pregnancy loss after 24 weeks' gestation can avail of full maternity leave and paternity leave entitlements. That study has three phases and the final report is expected in August 2023. The recommendations in the final report will help to inform Government policy, including the development of legislation to address the issue of miscarriage leave.

I fully recognise that the issues around pregnancy loss and the loss of a child after birth are not identical, but in both cases we are talking about a bereaved family who may need time away from their work, or may need to be supported in other ways.

We believe it is important that there is some coherence in how these issues are considered and addressed, and this is the reason the Government is bringing forward a proposal for a timed amendment today. We want the opportunity to allow the PLACES research to take place, to avail of the expertise which we have brought forward, and to recognise another distinct key issue in supporting parents and workers in a very difficult period of their lives. Once we have the opportunity to examine and understand that research, when this Bill comes to Committee Stage, we will be able to look at its provisions, informed by the research which has been undertaken.

We may, indeed, be able to bring forward, potentially, legislation that will address both of the issues Deputies have raised today and issues that I am sure, Deputies will agree, are also important, which have been brought forward in the past in this House, and on which the Government has responded through the commission of dedicated and targeted research. There is a process going forward and this legislation will be held and will go forward on Committee Stage in 12 months' time. I am very happy to continue to engage with Deputies to ensure we can make provision for parents who are bereaved and for parents who have suffered a miscarriage. I thank the Cathaoirleach Gníomhach.

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