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Law to allow TDs and senators take maternity leave passes

The law will also allow women to defer their maternity leave by up to 52 weeks if they are suffering from a serious illness.

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.

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38 Comments
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    Mute barry
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    Oct 24th 2024, 5:07 PM

    Great news for all pregnant people in the dail- can a man take paternity leave like barbie Kardashian?

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    Mute Caroline O Toole
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    Oct 24th 2024, 5:20 PM

    @barry: that thing Barbie is some piece of work!

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    Mute Patrice Ahern
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    Oct 24th 2024, 5:28 PM

    @Caroline O Toole: IT? is a downright dangerous piece of work.

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    Mute John F doe
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    Oct 24th 2024, 5:49 PM

    @barry: jealous?

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    Mute Thomas O'Donnell
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    Oct 24th 2024, 6:38 PM

    Great that tey were able to sort this out for female politicians and female county concillors so that none would lose out on their full wages or ministerial pensions. Succesive female ministers and female politicans in the Dail have shown two fingers to any women who have beeen refused old age pensions because they were short a few stamps – or the stamps they got while caring for an elderly parent while on Carers Allowance didn’t count. Well done Ms McEntee you have ensured that a law can pass very quickly when it benefits female politicians only. To hell with Mná na hÉireann who gave of their best and were spat on.

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    Mute Michale Kane
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    Oct 24th 2024, 5:18 PM

    Oh thank jaysus that national emergency is finally over

    78
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    Mute John F doe
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    Oct 24th 2024, 5:49 PM

    @Michale Kane: not in your hear

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    Mute Paddy Short
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    Oct 24th 2024, 8:51 PM

    Turns my stomach, this rush to pass bills that suit their agenda before the election, while other bills that don’t are perpetually on the proverbial long finger.

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    Mute P. J.
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    Oct 24th 2024, 9:27 PM

    @Paddy Short:
    Valid point

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    Mute Darth O'Leary
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    Oct 24th 2024, 9:54 PM

    @Paddy Short: This shower won’t even enact bills that HAVE passed if it doesn’t suit their political objectives. Their respect for democracy and legislative procedure is obviously just a pretence

    17
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    Mute P. J.
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    Oct 24th 2024, 4:55 PM

    I await the various resident moaners view on this before I form an opinion.

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    Mute Mick O'K
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    Oct 24th 2024, 5:11 PM

    @P. J.: my only complaint is how fast this bill was passed PJ, otherwise it’s fair that the leave should be there

    48
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    Mute James Brennan
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    Oct 24th 2024, 5:22 PM

    @P. J.: the issuse is , do they still get their full pay and will someone who didnt get elected then sit in for them and get the same salary. An elected official isn5 a normal job

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    Mute John F doe
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    Oct 24th 2024, 5:50 PM

    @P. J.: so you come in with an opinion lol

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    Mute P. J.
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    Oct 24th 2024, 6:00 PM

    @Mick O’K:
    In fairness Mick it’s 4 years since this came to light, she’s had another child since, the first is probably in playschool. Now you argue, with merit, that other things are more pressing but I’m not sure taking 4 years is exactly speedy.

    15
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    Mute P. J.
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    Oct 24th 2024, 6:05 PM

    @James Brennan:
    Heather Humphreys took over the justice ministry while Ms McEntee went on maternity leave.

    14
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    Mute James Brennan
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    Oct 24th 2024, 7:01 PM

    @P. J.: yes a ministers role, but what about a elected TD, why no figures of what benefits they would get and hownare the replaced for the duration of the leave, which is a right and it should be applauded. But if candidate A is elected in the election get into the Dail , 6 months in they announce they are pregnant, who covers them? An candidate who disnt get enough votes to get in themselves, what are the benefits around the persons leave and what is the cost of the person to covers for them.

    8
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    Mute P. J.
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    Oct 24th 2024, 7:39 PM

    @James Brennan:
    Why would anyone need to cover for them? Every constituency has at least 2, probably more TDs .
    Benefits of a multi seat system.

    9
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    Mute Sean Hayes
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    Oct 24th 2024, 7:58 PM

    @James Brennan: Whst a ridiculous statement. Take a bow

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    Mute Jason Memail
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    Oct 24th 2024, 8:14 PM

    @James Brennan: As you’ll have seen from the McEntee situation, another sitting TD took over their ministerial role, and nobody took over their TD role. Hope that’s sorted out the complete non-issue you’ve managed to get your knickers in a twist about.

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    Mute Paul C
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    Oct 24th 2024, 10:03 PM

    @James Brennan: it’s all in the Act if you read it. No one replaces them. The issue up until now has been that TD are legally officeholders not employees so they could not benefit from employee legislation. TD’s will be entitled to 26 weeks of maternity leave. The Act also brings in some very important amendments to other Acts to protect employees on maternity leave.

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    Mute John F doe
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    Oct 25th 2024, 2:45 AM

    @James Brennan: your brain cell must get lonely

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    Mute James Brennan
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    Oct 28th 2024, 5:29 PM

    @P. J.: different parties

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    Mute Peter O'Muiri
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    Oct 24th 2024, 7:22 PM

    (What a surprise! While all sorts of important matters require a tion from our legislature, the boys and girls in the Oireachtas are busy looking after their own interests)

    More importantly, elsewhere in today’s Journal you carry a seriously misleading report making allegations against those who have criticised the recent SPHE gig at DCU.
    If there is no intention to teach this stuff to children, why were these teachers gathered together to discuss this stuff in a gig subsidised by the tax-payer? And your reporter seems to have neglected to mention the recording of the little chat among some of the participants congratulating a teacher who had “gotten dirty” with young children.
    Perhaps we now need someone more honest than The Journal to debunk The Journal’s so-called debunking!

    25
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    Mute P. J.
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    Oct 24th 2024, 7:48 PM

    @Peter O’Muiri:
    If there was any proof of that it would be a scandal but all you have are the ravings and selective records of not a whistle blower but a person who has been a campaigner on the subject for years desperately trying to substantiate their own conspiracy theories.
    Ireland has moved on from trying to hide everything in the likes of Magdalene laundries and such.
    We are not going back, no country ever does.

    10
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    Mute Gerry Lamont
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    Oct 24th 2024, 6:55 PM

    Does this apply to some of our glorious male government TD’s who look like they are just about to give birth on the Dáil floor?.

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    Mute Jockey Jim
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    Oct 24th 2024, 5:15 PM

    I welcome this development

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    Mute Michale Kane
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    Oct 24th 2024, 5:43 PM

    @Jockey Jim: Is it your diaper change time ? lol

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    Mute Jockey Jim
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    Oct 24th 2024, 5:45 PM

    @Michale Kane: how infantile

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    Mute John F doe
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    Oct 24th 2024, 5:50 PM

    @Jockey Jim: don’t mind the trolls

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    Mute Jockey Jim
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    Oct 24th 2024, 5:53 PM

    @John F doe: quite right John, they are only bullies, at the end of the day

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    Mute Michale Kane
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    Oct 24th 2024, 5:57 PM

    @Jockey Jim: Ah Deflated Jim, your not good enough at trolling to be a bully, more like your auditioning for the clown act at the circus.

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    Mute John F doe
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    Oct 24th 2024, 6:06 PM

    @Michale Kane: he speaks nothing but facts :)

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    Mute ibrahim Sudane
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    Oct 24th 2024, 5:26 PM

    Helen

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    Mute Caroline O Toole
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    Oct 24th 2024, 5:27 PM

    @ibrahim Sudane: ??

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    Mute John F doe
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    Oct 24th 2024, 5:51 PM

    @ibrahim Sudane: isn’t she awesome

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    Mute ibrahim Sudane
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    Oct 24th 2024, 7:16 PM

    @John F doe: awesome

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    Mute Frank O'Hara
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    Oct 25th 2024, 2:10 AM

    This is a bad policy which is riddled with unintended consequences. Not only should we not have mandated maternity for members of the Dáil, we shouldn’t have it as mandated policy at all for anyone. The issue of maternity leave should be between employers and employees to work out voluntarily without government. One size fits all maternity leave legislation doesn’t allow new parents to customise for their individual needs. It also reduces the likelihood of women getting hired in the first place because employers will recognise that they will likely have to offer paid time off. Also, in the case of Dáil members, they have a responsibility to continue serving their constituents and maternity leave only disrupts political effectiveness and accountability of the politicians in question.

    6
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