Aisling Dempsey (Meath West, Fianna Fail)
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535. To ask the Minister for Enterprise, Trade and Employment the action he is taking in relation to the Organisation of Working Time (Reproductive Health Related Leave) Bill 2021; and if he will make a statement on the matter. [11734/25]

Alan Dillon (Mayo, Fine Gael)
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Under current legislation, the Maternity Protection Acts 1994-2004 provide for an employee to be entitled to full maternity leave in the case of a stillbirth after 24 weeks gestation and the Paternity Leave Act 2016 also provides for paternity leave in this situation. There has been a very welcome move in society towards greater openness about miscarriage and pregnancy loss and the heartbreak that it can bring. However, this is a complex policy area and one which requires detailed assessment and sufficient consideration in advance of legislation.

In this regard, the Minister for Children, Equality, Disability, Integration and Youth (M/CEDIY) commissioned a qualitative research study which examined the workplace experiences of people dealing with pregnancy loss before 24 weeks gestation. This study, ‘PLACES | Pregnancy Loss (under 24 weeks) in Workplaces: Informing policymakers on support mechanism’, was published by the M/CEDIY on 26 January 2024. Further information on the study should be sought from M/CEDIY.

With regard to the Organisation of Working Time (Reproductive Health Related Leave) Bill 2021 Private Members Bill (PMB), the Bill proposed to amend the Organisation of Working Time Act to provide for “reproductive health leave”. Under the PMB, an employee would be entitled to 20 days leave with pay from his or her employment where the employee has suffered a miscarriage at 28 weeks gestation or less. It also proposed to provide for 10 days leave with pay to receive treatment from a registered practitioner in the State in relation to pregnancy, childbirth or assisted human reproduction.

The PMB went to Second Stage in Dáil Éireann on 18 January 2024 and Government put forward a motion under standing order 176 for a 12 month timed amendment. Government put forward this motion for a number of reasons.

Firstly, the Bill presented a number of potential regulatory impacts across a range of considerations and the potential impacts would require detailed assessment and scrutiny in advance of progressing legislation.

Secondly, the PLACES study had been completed and submitted to the D/CEDIY shortly before the second stage of the PMB. It was considered that due regard and analysis of its finding should be undertaken in advance of progressing legislation.

Thirdly, it was considered that the Organisation of Working Time Act was not the appropriate or logical legislative vehicle to provide for the proposed new entitlements. The Act was not designed to set out the terms and conditions around the taking of specific forms of leave such as protective leave. It was considered that a standalone piece of legislation or an amendment to legislation which already provides for protective leave may be a more appropriate avenue to progress pregnancy loss or reproductive health legislation. Such legislation has expanded in recent years to legislate for what has become known as protective leave entitlements in legislation in respect of Maternity Leave, Paternity leave and Adoptive Leave.

The Government motion for a twelve month timed amendment was passed in the Dáil on 24 January 2024, however the Private Members Bill lapsed upon the dissolution of the Dáil prior to the General Election on 29 November 2024.