Oireachtas passes new right to postpone maternity leave in cases of serious illness
Minister for Children Equality, Disability, Integration and Youth, Roderic O’Gorman welcomed on October 24th 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.
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.”
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.
Supporting Men in the Workplace on International Men’s Day
International Men’s Day is celebrated each year on November 19th and serves as a reminder of the importance of ensuring all Employees are treated equally. Equality in the workplace is not just a legal requirement but also a vital component in fostering an inclusive and transparent work environment. While women face specific challenges in the workplace, there are also steps that Employers can take to ensure that men receive the support they might need to cope with societal stereotypes and expectations.
Under the Employment Equality Acts 1998–2015, Employers are prohibited from discriminating against Employees based on nine protected grounds, including gender. While much of the focus in workplace equality has focused on gender discrimination against women, Employers must also be mindful of ensuring fair treatment for men. Employment equality law applies across all aspects of employment—from recruitment and training to promotion opportunities and pay.
How Employment Equality Obligations Support Men in the Workplace
Equal Pay for Equal Work
Employers must ensure that men and women are paid equally for similar work or work of equal value. This is crucial in avoiding gender pay gaps, which can disadvantage both men and women, depending on the sector and job role.
Non-Discriminatory Policies
Employers are required to implement policies that promote equal opportunities and prevent discrimination, harassment, or victimisation based on gender. This includes providing a workplace free from gender-based stereotypes or bias, particularly in roles traditionally dominated by one gender.
Parental and Paternity Rights
Irish employment law provides for paternity leave, parental leave and parent’s leave which fathers can avail of. Employers should ensure men feel equally supported and encouraged to take advantage of these entitlements, promoting a culture where men are actively involved in family responsibilities without fear of stigma.
Combatting Stereotypes
Organisations may need to challenge societal stereotypes, ensuring that men are not discouraged from taking up job roles traditionally viewed as female-dominated (e.g., nursing or caregiving) or subjected to assumptions that undermine their contributions to work-life balance.
Promotion of Mental Health
Men often face social pressures that discourage them from discussing mental health issues. Organisations should seek to develop an open and supportive environment where all Employees, including men, feel comfortable addressing mental wellbeing. This inclusive approach recognises that gender equality extends to all Employees.
International Men’s Day is a timely reminder for Organisations to ensure compliance with employment equality laws and promote a gender-balanced workplace that supports fairness for all Employees. By addressing issues that impact men, such as equal treatment, mental health, and rights to statutory leave, Organisations can contribute to a truly inclusive and supportive work environment that recognises and appreciates the contribution men make to the workplace.
Adare can Help
Our team of Employment Law and Human Resource experts can be your HR partners and guide you through compliance, ensuring your business knows its obligations, staying protected and informed. Reach out to us at (01) 561 3594 or info@adarehrm.ie for support tailored to your needs. Learn more about our services at www.adarehrm.ie.