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Cancer patients should be entitled to defer maternity leave

13th May 2024 - Senator John McGahon

Minister Roderic O’Gorman must prioritise legislation to help mothers dealing with cancer diagnoses while pregnant or post-partum to defer their maternity leave, a Fine Gael Senator has said.

Senator John McGahon of Louth said: “It is more than 6 months since Minister for Children Roderic O’Gorman publicly committed to legislating on the Irish Cancer Society’s ‘Leave our Leave’ campaign, but the Heads of Bill have yet to make it to Cabinet.

“I am longtime supporter of the Leave Our Leave campaign, which seeks to amend the Maternity Protection (Amendment) Act 2004 to allow the postponement of maternity leave following a diagnosis of cancer or serious illness.

“Currently under this legislation anyone diagnosed with cancer or other serious illness during pregnancy will forfeit their maternity leave when they go through treatment. In fact, the only option to postpone maternity leave is in the case of a child being hospitalised.

“This legislative anomaly affects 60 working mothers in Ireland each year. While the numbers are relatively small, the undue anxiety caused is incredibly significant at what is a vulnerable time for unwell mothers.

“Working mothers in this acutely unfair situation should not have to wait any longer for change.

My wish is that no one with a newborn child would have to use maternity leave to cover their cancer treatment. Many mothers don’t even become aware they cannot postpone their leave until they are undergoing treatment.

“The Irish Cancer Society has been advised that section 14A of the Act will need updating from a right to request the postponement of additional maternity leave to a right to receive the postponement of any maternity leave.

“I am urging Minister O’Gorman to amend the legislation so that women diagnosed with cancer during pregnancy or postpartum can defer their maternity leave until after treatment and for it to be prioritised during the lifetime of this Government,” Senator McGahon concluded.