THE LAW TO allow TDs and senators to take maternity leave of 26 weeks has been passed.

The issue came into sharp focus in 2020 when Justice Minister Helen McEntee announced she was expecting her first child and an ad-hoc arrangement had to be put in place to allow the minister take maternity leave. 

At the time, Fianna Fáil leader Micheál Martin said it did not reflect well on a modern democracy that maternity leave could not be provided for female politicians.

However, no immediate legislative changes were made and another ad-hoc arrangement had to be put in place when McEntee was expecting her second child. 

Social Democrats leader Holly Cairns, who is expecting her first child, criticised the government during the summer for not moving more quickly to legislate for female politicians stating that it was “truly incredible” that there was still no formal arrangement to allow TDs to take maternity leave.

TDs and Senators who lose their seat in an election while pregnant or on maternity leave will not be entitled to any payments, however. Minister for Social Protection Heather Humphreys told the Dáil: “If they are no longer members and they are still pregnant they will not get maternity benefit. That is the way it is. I will leave it there.” 

Cancer and other serious illnesses

Aside from maternity leave for politicians, the legislation will ensure women can defer their maternity leave by up to 52 weeks if they are suffering from a serious illness and need to take time to seek treatment has been passed.

Women undergoing treatment for cancer, or other serious illnesses, will now be allowed to pause their maternity leave and allow them to take their maternity leave when they are better.

The Irish Cancer Society, who launched the ‘Leave our Leave’ campaign two years ago has welcomed the news.

Around 60 women each year in Ireland go through cancer treatment during pregnancy or postpartum.

The campaign highlighted the discriminatory fact that men had the right to defer paternity leave if unwell, while women could not defer their maternity leave.

The legislation will also benefit many other women who fall seriously ill during, or just after pregnancy.  

Equality Minister Roderic O’Gorman said today the small, simple change 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,” he said. 

Welcoming the legislation, Averil Power, CEO of the Irish Cancer Society said being diagnosed with cancer while pregnant or with a newborn baby is “devastating”.

“Until now, Irish law has also robbed them of their maternity leave,” she said.

“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.

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,” she said. 

Tierney said she is “beyond ecstatic” that this change is now a reality and no one going through cancer and pregnancy will have to endure the loss of their maternity leave. 

The Bill will now go to the President to be signed into law.