Minister O’Gorman welcomes Oireachtas passing new right to postpone maternity leave in cases of serious illness
From Department of Children, Equality, Disability, Integration and Youth
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• Maternity Protection, Employment Equality and Preservation of Certain Records Bill 2024 passed by the Oireachtas.
• Alongside provisions on postponement of maternity leave, legislation also includes maternity leave for members of the Oireachtas and restricts Non-Disclosure Agreements in cases of discrimination and harassment.
Minister Roderic O’Gorman has today (24th October) welcomed the Maternity Protection Employment Equality and Preservation of Certain Records Bill 2024 passing all Stages in the Oireachtas.
The legislation will allow an employee who receives a diagnosis of a serious illness to postpone maternity leave until treatment is concluded, and follows the ‘Leave Our Leave’ campaign by the Irish Cancer Society.
The maternity leave can be postponed for between 5 and 52 weeks, on certification from their doctor. Postponing maternity leave will not sacrifice other forms of leave, such as unpaid maternity leave and Parents Leave.
Speaking today, Minister O’Gorman said:
“The Bill will allow women who suffer a serious illness during their maternity leave to postpone that leave. This is a small, simple change that will have a big impact for so many women at a very challenging time in their lives.
“I am proud that Ireland will be one of the very few countries around the world to be providing this facility to pause maternity leave, and I want to thank the Irish Cancer Society, and those who have campaigned for this change.”
Welcoming the legislation, Averil Power, CEO of the Irish Cancer Society said:
“The Irish Cancer Society is delighted our #LeaveourLeave campaign has brought about such a monumental change, not just for cancer patients but for also for other women with serious illnesses.
Being diagnosed with cancer while pregnant or with a newborn baby is devastating and robs women of many of the special moments every new mum looks forward to. Until now, Irish law has also robbed them of their maternity leave. Now, women will be spared that heartbreak. Instead of spending their maternity leave receiving life-saving cancer treatment, they’ll be making precious memories with their babies.
We cannot thank Erica Tierney, Mary Canavan, and Emma McGuinness enough – these three incredible women spearheaded the campaign and have worked tirelessly to highlight the need for change. We are grateful to Minister O’ Gorman for listening to the women affected, engaging with us and acting on our request for legislative change.”
Erica Tierney, a cancer survivor and Leave Our Leave campaigner said:
“It’s almost impossible to articulate the meaning of this change to families going through pregnancy and serious illness at the same time. When I was so sick and juggling chemo with being a new mam, discovering I couldn’t keep my maternity leave for when I felt better literally felt like another huge blow, in a time when what I needed was extra support. I’m beyond ecstatic that this change is now a reality and no one going through cancer and pregnancy will also have to endure the loss of their maternity leave. They can bank on having that time back with their baby when the gruelling treatment is done. I’m proud of the work Mary, Emma and I have done to make this change and extremely thankful to the Irish Cancer Society for their solemn commitment, guidance, and hard work on this important issue. We just made life better for hundreds of families every year.”
The Bill also enshrines in legislation the principle that members of the Houses of the Oireachtas who give birth can take 26 weeks maternity leave, and includes amendments to the Employment Equality Act 1998 to regulate the use of non-disclosure agreements related to discrimination and harassment.
The Bill will now go to the President to be signed into law.
The Maternity Protection Bill, Employment Equality and Preservation of Certain Records Bill 2024 includes the following provisions:
A pause in maternity leave for serious illness
The Bill amends the Maternity Protection Act 1994 by the insertion of a new section which creates a new entitlement in the Act for an employee who requires ongoing treatment for a serious health condition, including physical and mental health conditions, to postpone maternity leave for a period of between 5 and 52 weeks.
Maternity leave for members of the Oireachtas
The Bill also provides that an absence by a member of the Houses of the Oireachtas, duly notified, related to the birth of a child, shall be called maternity leave for a member of the Houses of the Oireachtas. This shall be for a period of up to 26 weeks.
Regulation of non-disclosure agreements in cases of discrimination or harassment.
This amendment inserts a new section 14B into the Employment Equality Act 1998 in order to introduce measures to limit the use of NDAs where an employee has alleged discrimination, harassment, sexual harassment or victimisation.
Preservation of Private Records
The Bill also includes provisions to preserve privately-held records relating to Ireland’s institutional past. Further information and guidance will be made available upon commencement of these provisions.