New law will see women allowed to delay maternity leave if they have a serious illness

New legislation is set to be put in place so that women who are undergoing treatment for a serious illness will be able to delay maternity leave. 

Minister for Children, Equality, Disability, Integration and Youth, Roderic O’Gorman, has welcomed approval by the Government of the drafting of a Maternity Protection (Amendment) and Miscellaneous Provisions Bill 2024.

This bill will ensure that mothers who require treatment for cancer or other serious illnesses will not be forced to use their maternity leave throughout the duration of their treatment, and will instead be able to postpone their maternity leave for a period of time of up to one year.

This new legislation will also see a form of maternity leave being introduced for members of the Oireachtas for the first time. As well as this, it will bring restrictions on the use of non-disclosure agreements in cases of discrimination and harassment.

Speaking about the new law, Minister O’Gorman explained, “Maternity leave is such an important time for mothers and their babies, and so no one should be forced to use that time for undergoing medical treatment”.

“The legislation approved today will mean that, where necessary, mothers will be able to postpone their maternity leave, focus on their treatment, and retain that precious time with their baby”.

Today we we want to sincerely thank the mothers who have spearheaded the #LeaveourLeave campaign.

Today marks a major step forward to allow mothers with cancer defer their maternity leave.

Read our full statement here: https://t.co/PIKNxvetl4 pic.twitter.com/JrMHhrIaq8

— Irish Cancer Society (@IrishCancerSoc) July 24, 2024

Averil Power, CEO at the Irish Cancer Society, spoke out after the news of the bill was shared, to say, “Currently, women with cancer can’t defer their maternity leave until their treatment ends. This means that when their maternity leave runs out, working mothers have to return to work and never get back the vital bonding time they missed when they were sick”.

“The Irish Cancer Society’s ‘Leave Our Leave’ campaign, led by women affected, has been highlighting the distressing impact this is having on women and their babies. Last year, Minister O’Gorman signalled he would change the law and we’re delighted that legislation is now moving forward”.

“We also welcome the Minister’s commitment to fast tracking the legislation. It is essential it now passes through the Oireachtas as quickly as possible, so the change is made before the next general election”.

Averil continued, “I’d like to thank the women and their families who have supported the campaign. By bravely sharing their stories, they have highlighted how awful it is to go through cancer while pregnant or with a young baby and how cruel it is to be unable to postpone your maternity leave until you are better. Thanks to them, when this change is implemented, other women will be spared that heartbreak”.

The General Scheme will now be referred to the Office of the Attorney General for drafting of the Bill.