Last updated on August 26th, 2026 at 10:48 am
Irish health authorities have confirmed that employees legally recognized as male can receive 26 weeks of paid maternity leave if they become pregnant or give birth.
Guidance from Ireland’s state-run Health Service Executive (HSE) states that since 2023, transgender employees registered as men have been eligible for maternity leave. To qualify, employees must hold a gender recognition certificate under Ireland’s Gender Recognition Act 2015. They may also take an additional 16 weeks of unpaid leave.
The policy highlights a striking contradiction in Ireland’s gender laws: the state legally recognizes an individual as male while simultaneously providing maternity protections based on pregnancy, childbirth, and breastfeeding.
HSE guidance published in June specifically confirms that “transgender men who have given birth” can access statutory maternity leave. Eligible employees continue receiving basic salary and normal fixed allowances during the 26-week period, while also accumulating pension, annual leave, and seniority rights.
The rules stem from changes introduced under Ireland’s Work Life Balance and Miscellaneous Provisions Act 2023, which expanded maternity protections to transgender individuals who had legally changed their sex.
The result is an absurd legal position in which the Irish state can officially classify someone as a man while also recognizing that the same individual can become pregnant, give birth, and breastfeed.
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