Baby loss and miscarriage support in Ireland: leave and help

The definition changed, and it matters

Irish entitlements after the loss of a baby turn on the legal definition of a stillborn child, and that definition changed recently in a way that brought more families inside it.

A stillborn child is now a child who, at birth, weighs at least 400 grammes or has a gestational age of 23 weeks or more. Before 16 September 2024 the definition was a gestational age of at least 24 weeks and a birth weight of at least 500 grammes. Two things changed: the thresholds came down, and the test became either weight or gestation rather than requiring both.

If your loss happened close to those thresholds, particularly between 23 and 24 weeks, check which definition applied at the time and whether the current one changes your position.

Stillbirth: full maternity leave and Benefit

If your baby is stillborn you are entitled to full maternity leave. That means the basic 26 weeks of maternity leave and the 16 weeks of additional maternity leave, exactly as if your baby had been born alive. If you have enough PRSI contributions, you can get Maternity Benefit for the 26 weeks of basic maternity leave.

Maternity Benefit is paid at €299 a week in 2026. It is paid for 26 weeks, counted as 156 days with Sunday not counted. The 16 weeks of additional maternity leave are not covered by Maternity Benefit, though PRSI credits are available for them.

If you have an adult or child dependant, your Maternity Benefit is compared with the Illness Benefit rate you would receive and you are paid the higher of the two. The Illness Benefit personal rate is €254 in 2026, and with an increase for a qualified adult and child support payments the total can exceed the standard Maternity Benefit rate, so it is worth checking rather than assuming.

What to send with the claim

Citizens Information sets out the specific requirement, and getting it right avoids a delay you do not need. To apply for Maternity Benefit following a stillbirth or miscarriage, you need to send a letter from your doctor with the Maternity Benefit application form. The letter must state the expected date of birth, the actual date of birth and the number of weeks of pregnancy.

Ask for that letter before you leave the hospital if you can, or from your GP afterwards. It is a short letter but it has to contain all three pieces of information.

Earlier loss: what is and is not there

We have to be plain here. Where a pregnancy loss falls below the stillbirth thresholds, the statutory maternity leave entitlement above does not apply. Ireland does not have a general statutory bereavement leave for early pregnancy loss in the way that some other countries now do.

What that leaves in practice: sick leave, both statutory and any company scheme, if you are not well enough to work, which after a mid-pregnancy loss is very often the case and is a legitimate reason for a medical certificate; force majeure leave, which is paid leave for urgent family reasons, though it is designed for the injury or illness of a close family member and is limited in extent; leave for medical care, which gives five days of unpaid leave a year to provide care or support for a serious medical reason; and your employer's own compassionate policy, which many employers operate even where they have not published it. Ask HR directly rather than assuming.

If you are on maternity leave and the loss occurs, or if the situation is unclear, contact the Maternity Benefit Section of the Department of Social Protection directly. This is exactly the kind of case where speaking to a person rather than reading a page is worth the phone call.

Registering a stillbirth

All stillbirths occurring in Ireland since 1 January 1995 may be registered, and a stillbirth certificate can be obtained. Registration is not compulsory but it is available to any family who wants it, including for stillbirths that occurred many years ago. For many parents it matters a great deal, and it is worth knowing the option exists and is not time limited in the way people expect.

The hospital can usually tell you what is needed, and the register office will explain the process.

If a later pregnancy is affected

Two other Irish provisions are worth knowing about for the future. Maternity leave can be postponed for between five and 52 weeks if you become seriously ill during it and need ongoing treatment, with two weeks' notice and a medical certificate. And where a baby is born prematurely, maternity leave and Maternity Benefit are extended by the gap between the actual birth and the planned start of leave, so a very early birth does not cost you weeks with your baby.

Where to get support

Irish maternity hospitals have bereavement teams and bereavement midwives, and every unit is expected to provide bereavement care. Ask to be put in touch, including after you have gone home. Your GP can refer you for counselling. Voluntary organisations supporting families after miscarriage, stillbirth and neonatal death operate nationally and locally in Ireland, and your hospital bereavement team or GP can direct you to the ones covering your area.

What to do, and in what order

Establish whether the loss meets the current stillbirth definition, since it decides your entitlements. If it does, tell your employer that full maternity leave applies and apply for Maternity Benefit with the doctor's letter containing all three required details. If it does not, ask your GP for a medical certificate if you need time off and ask HR what compassionate policy exists. Ask the hospital about registering the stillbirth. And ask for the bereavement midwife.