Bill aims to provide paid leave for early miscarriage

Legislation allowing for up to 20 days’ paid leave for women introduced in Seanad

Senator Ivana Bacik said  ‘there is a culture of silence around early miscarriage’. Photograph: Alan Betson
Senator Ivana Bacik said ‘there is a culture of silence around early miscarriage’. Photograph: Alan Betson

Legislation to allow paid leave for women who experience early miscarriage and for employees seeking time off work for IVF or other reproductive health-related treatments has been introduced in the Seanad.

Labour Senator Ivana Bacik called for the Government to follow the example of New Zealand where such measures have become law in recent months.

The Labour Bill provides for up to 20 days’ paid leave for women who experience early miscarriage and up to 10 days’ paid leave for any employee who needs time off work to avail of IVF or other reproductive-health related treatment.

Speaking ahead of the Bill’s introduction in the Seanad Ms Bacik said there was a major gap in the legislation which “causes untold heartbreak for people”, including those suffering bereavement after early miscarriage.

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The Bill is being introduced after Irish National Teachers’ Organisation (INTO) official and Labour Cllr Alison Gilliland approached the party because quite a number of the union’s members “were experiencing real difficulties in the workplace trying to get time off work for IVF treatment or where they suffered early miscarriage”.

Ms Bacik said “there is a culture of silence around early miscarriage, around fertility and reproductive health causing huge amounts of stress and distress, for women in particular, but for women and men in the workplace”.

The Government will allow the Organisation of Working Time (Reproductive Health Related Leave) Bill pass second stage and move to committee but most Private Members’ Bills follow this route and are rarely progressed further.

Ms Bacik said however that “I’ve a good record in working with Government to get legislation passed”. She added that “where there really is a strong public need for legislation – and there is with this – we can make it work and make it Government policy to ensure it does become law”.

The Senator and Dublin Bay South byelection candidate acknowledged that there were those who may not want to take such leave because they wish to keep their grief private.

She said it may be because of personal relationships or for other reasons but she said “there is no onus on people to go public” and some people use existing sick leave provision or take unpaid days or holidays.

“But what we’re saying is women in particular should have the option of formal recognition of early miscarriage.”

Ms Bacik pointed out that figures show that some 14,000 pregnancies end in miscarriage every year and there is already provision for leave for late-term miscarriages above six months.

“We don’t anticipate it will cost a huge amount because employees are already availing of other measures to take time off where they need to do so”, including sick leave.

She said that pregnancy should no longer be treated as a sickness and the legislation “simply gives formal recognition to these practices”.

“We’re talking here about the grief of early miscarriage and just recognising that, and also recognising the physical” recovery involved as well.

Marie O'Halloran

Marie O'Halloran

Marie O'Halloran is Parliamentary Correspondent of The Irish Times