The UK government has confirmed that parents who experience a miscarriage before 24 weeks of pregnancy will now be entitled to statutory bereavement leave of two weeks.
The change will be brought in under the Employment Rights Bill, granting mothers and their partners the right to take two weeks of bereavement leave following pregnancy loss before 24 weeks. The change is expected to pass its final stages in Parliament next week.
New right to bereavement leave for miscarriage
Under the existing law, statutory bereavement leave applies only in cases of stillbirth, which is deemed to occur after 24 weeks of pregnancy, or the death of a child. As such, under the current rules, parents who experience early pregnancy loss before 24 weeks have no legal right to time off, meaning they have to rely on employer discretion or take unpaid leave.
The new measure, which applies in England, Wales and Scotland, ensures that both mothers and their partners can take up to two weeks of bereavement leave following miscarriage, regardless of the stage of pregnancy.
Although some employers already offer this as a discretionary benefit, the new law ensures that all employees receive equal protection.
The change follows significant advocacy efforts, particularly from Labour MP Sarah Owen, who chairs the Women and Equalities Select Committee. The committee’s January report concluded that the case for statutory miscarriage leave was “overwhelming.”
Pregnancy loss can have severe physical and emotional impacts, including complications such as excessive bleeding, infection and post-traumatic stress disorder (PTSD). The introduction of formal bereavement leave acknowledges these challenges, giving parents time to recover without financial or professional pressure.
Impact on employers
The introduction of miscarriage bereavement leave is clearly an important step in supporting employee wellbeing, but it also creates new obligations for employers in terms of absence management and compliance with workplace policies. Between 10% and 20% of pregnancies end in the first 12 weeks, meaning a significant number of employees may be affected.
Employers will need to integrate miscarriage leave into their existing bereavement and family leave policies, with guidelines on eligibility, notification requirements and documentation (if any) to ensure consistency in leave management. Employers will also need to balance ensuring genuine entitlement with handling requests sensitively to avoid privacy issues or distressing employees further.
Importantly, a compassionate and legally compliant approach will require manager training on handling miscarriage-related leave requests appropriately.
Fundamentally, employers have to ensure compliance with the Equality Act 2010, which protects employees from pregnancy and maternity-related discrimination. Mishandling requests or failing to accommodate leave entitlements could expose employers to grievances or legal claims.
And as with any increase in statutory leave entitlements, employers (particularly SMEs) may need to adjust workforce planning to accommodate unplanned absences. Employers will need to consider how to provide adequate cover while ensuring those affected feel supported.
Need assistance?
With the Employment Rights Bill expected to pass imminently, employers should already be preparing to comply with their new obligations. The introduction of statutory bereavement leave for miscarriage, for example, will require employers to adjust policies and provide additional support.
For specialist advice and support on this change in the law and what it means for your organisation, contact us.
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
