New right to postpone maternity leave in cases of serious illness

The key measure in the Maternity Protection, Employment Equality and Preservation of Certain Records Bill 2024 follows the ‘Leave Our Leave’ campaign by the Irish Cancer Society.

The maternity leave can be postponed for between five 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.

Equality minister Roderic 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.”

She added: “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.”

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.