Government’s discriminatory attitude to mental health conditions has no place in Maternity Protection bill

• Labour demands that amendment be accepted to treat serious mental health conditions the same as serious physical health conditions in this much needed bill.

Labour’s Workers’ Rights Spokesperson, Senator Marie Sherlock, has welcomed the introduction of the Maternity Protection Bill but criticised the Government for its discriminatory attitude toward mental health conditions. The Bill, which allows employees diagnosed with serious illnesses to postpone maternity leave for up to 52 weeks, is a long-overdue measure. However, Labour is calling on the Government to accept its proposed amendment to ensure that seriously ill women with mental health conditions are treated the same as those with a serious physical health condition for the purposes of the legislation.

Senator Sherlock said:

“I welcome the Maternity Protection Bill as a vital step forward in supporting women during some of the most difficult times in their lives. Women diagnosed with serious physical illnesses will finally have the right to defer their maternity leave for up to 52 weeks, but it is shocking that to qualify with a mental health condition, you would need to be hospitalised, whereas there is no such requirement for those with a serious mental health condition. This is a clear example of the Government’s antiquated and discriminatory attitude towards mental health, which has no place in 2024 Ireland.

“I have heard heartbreaking accounts from women forced to forfeit their maternity leave due to cancer diagnoses and the gruelling treatments that followed. I want to commend the Irish Cancer Society for their campaigning on this issue. This Bill will finally give these women the flexibility they need. We know that approximately 60 women per year are diagnosed with cancer during pregnancy or while on maternity leave and there are few hundred other women who find themselves seriously ill while on maternity leave. These women deserve the support this Bill offers, but so do those struggling with debilitating mental health challenges.”

Senator Sherlock emphasised the importance of maternity leave and the need to ensure no further delays in passing this legislation:

“Those of us who have been fortunate enough to have children know how precious maternity leave is. It is a time to bond with your baby, and adjust to new family life. It is devastating that women facing serious illness have had to choose between their health and their maternity leave.

“I urge Government to accept Labour’s amendment and ensure there is no delay in implementing this legislation, which will be a lifeline to many seriously ill women who are currently forced to forfeit their maternity leave. This is a crucial step towards fairness, but it cannot be considered complete until the Government addresses the glaring omission of mental health from its protections.”

Senator Sherlock also highlighted the inconsistency in how different types of leave are treated under Irish law:

“There is an irony that I’ve raised before: a man can defer his paternity leave if he is sick, and workers can defer their annual leave for the same reason. Yet, until now, a woman could not defer maternity leave when faced with serious illness. I am relieved that this legislation will fix that injustice for many women, but excluding mental health conditions short of hospitalisation is indefensible.

“We’re calling on Government to accept Labour’s amendment next week in the Dáil and ensure that women with serious mental health conditions are not left behind.”