Myth: People can take sick leave if they have a pregnancy loss <23 weeks

Whether or not people can take sick leave is complex, it depends on many factors.

Length of time needed off work varies. Many people return to work following pregnancy loss earlier than they feel they are ready to due to a lack of leave entitlements (9).

Statutory sick leave entitlements are limited, to 5 days in Ireland (36), and even where organisations provide additional benefits, taking sick leave in cases of pregnancy loss can reduce future leave entitlements. This can be particularly challenging for people who need to use sick leave in other related or unrelated circumstances (e.g. recurrent pregnancy loss, fertility treatments, etc). This is particularly discriminatory for women who experience pregnancy loss amongst other reproductive health issues which may necessitate leave from work.

The need for dedicated leave for pregnancy loss in Ireland (and beyond) has been highlighted, with many noting that leave relating to pregnancy loss <23 weeks should not be called sick leave, and that it should not count towards sick leave allowance (9). 

References

(9) Kelly-Harrington R, Hennessy M, Leitao S, Donnelly M, Murray C, O’Sullivan M, et al. PLACES | Pregnancy Loss (under 24 weeks) in Workplaces: Informing policymakers on  support mechanisms. Dublin: Department of Children, Equality, Disability, Integration and Youth; 2024. Available from: https://www.gov.ie/en/publication/0e7d5-places-pregnancy-loss-under-24-weeks-in-workplaces-informing-policymakers-on-support-mechanisms/. 

(36) Government of Ireland. Sick Leave Act 2022. Number 24 of 2022. Office of the Attorney General; 2022. Available from: https://www.irishstatutebook.ie/eli/2022/act/24/enacted/en/html.