Miscarriage Time Off Work Explained

Miscarriage is a deeply personal and distressing experience, and employers in the UK have an important role in providing support and understanding to affected employees.

For employees who have suffered a miscarriage, time off work and the support they receive from their employer can be an important part of their recovery. Conversely, a lack of workplace support can potentially reduce productivity, lower standards of work, increase absenteeism, and sometimes result in resignation. It can also be detrimental to organisational culture and workforce morale, as employees place increasing value and expectation on an employers to invest in employee wellbeing.

Employees are entitled to time off for dependants to deal with emergencies, which can include miscarriage, but there is no statutory right to specific time off unless the miscarriage occurs after 24 weeks, in which case it is treated as a stillbirth.

Offering compassionate leave for miscarriage is considered good practice and can help build a supportive workplace culture. Employers should ensure they have clear policies addressing how such leave is handled, providing clarity and reassurance for employees in difficult circumstances.

 

UK employment law on miscarriage

 

Employees who experience a miscarriage before 24 weeks are not entitled to maternity leave or pay.

Under the current rules, employees only attain parental statutory entitlements following stillbirth or neonatal death.

Since there is no statutory obligation on employers in relation to miscarriage, there is considerable variation in how organisations handle requests for time off work following a miscarriage and the level of support employers will offer.

However, employers are encouraged to offer compassionate leave, annual leave or unpaid leave to support recovery. Sick leave for pregnancy-related illness, including miscarriage, must be recorded as such and should not count towards disciplinary or redundancy procedures. Employers must handle these situations with care to avoid claims of discrimination under the Equality Act 2010.

Employers are encouraged to state their position on leave following a miscarriage in a policy which is easily accessible to staff and to ensure all managers are trained on this for consistent implementation.

Sick leave following a miscarriage may be protected in the same way as sick leave for pregnancy-related illness. As with pregnancy-related sickness, this time off must not be used against the employee in disciplinary or redundancy decisions, as this could lead to discrimination claims.The employee is not limited in how much sick leave they can take, although it must be recorded as pregnancy-related sickness and must not be counted towards the employee’s sickness record. The employee’s sick pay should be paid in the same way as for any other employee. This may be contractual sick pay, or Statutory Sick Pay (SSP). If the employee does not earn enough to claim SSP, or their SSP runs out, then they may be entitled to Employment and Support Allowance (in some areas, this has been replaced by Universal Credit).

As an employer, you must ensure you treat the employee fairly. It is unlawful to dismiss someone for absence directly caused by miscarriage.

 

UK employment law on baby loss

 

Statutory parental bereavement leave applies when a baby was delivered after the end of the 24th week of pregnancy, this will be considered a stillbirth. In such cases, the employee is entitled to maternity leave and any maternity pay they qualify for.

Rights following a stillbirth include:

 

• The right to 52 weeks maternity leave, with the right to return to the same job.
• Statutory Maternity Pay (SMP) and Maternity Allowance (MA), which are paid for 39 weeks to those women meeting the qualifying conditions. It is important to note that SMP and MA are not classed as public funds.
• The employee is protected against any unfair treatment, discrimination, and unfair dismissal because of the pregnancy, childbirth and absence on maternity leave.

 

Agency workers, casual workers, and those on zero-hour contracts are not entitled to maternity leave, unless it is stipulated in their employment contract. However, they may be entitled to maternity pay, subject to meeting qualifying criteria (e.g., length of service and earnings thresholds).

 

UK employment law on neonatal death

 

If the baby died within the first 28 days of life, this is considered a neonatal death. If the baby was born alive at any time during the pregnancy but did not survive, they are entitled to maternity leave, and any maternity pay providing they meet qualifying criteria. They may also qualify for parental leave/pay.

 

Parental Bereavement Leave & Pay

 

Parental bereavement leave does not apply to miscarriages before 24 weeks, but it is available following a stillbirth after 24 weeks or the death of a child under 18.

Following a stillbirth or the death of a child under the age of 18, providing the employee gives you the correct notice, they can take two weeks’ parental bereavement leave. This right applies from the employee’s first day of employment. They can take the leave any time from the date of the death or stillbirth up to 56 weeks.

If the employee wishes to take their leave immediately (or up to 8 weeks after the baby’s death or stillbirth), they must inform you before they normally start work in the week they wish to take the leave. For leave between 9 to 56 weeks after the baby’s death or stillbirth, the employee must inform you at least a week before they wish to take leave.

The notice must be given either by phone, email or other message and include the date of the baby’s death or stillbirth, the date they wish to start the leave, and whether they intend to take one- or two-weeks’ leave. The employee can take each week separately and although they do not have to provide proof of the death or stillbirth, they must complete a declaration. This declaration can be found on the gov.uk website.

An employee is entitled to statutory parental bereavement leave pay for up to two weeks. This includes employees, agency workers and those on zero hours contracts who have been continuously employed for at least 26 weeks immediately before the death or stillbirth of the baby, and they earn the minimum threshold or above before deductions in the eight weeks (if they are paid weekly) or two months (if paid monthly) before the week in which the baby died or was stillborn.

Parental bereavement leave/pay can be taken in addition to any maternity leave they qualify for and they may qualify for it even if they do not qualify for SMP.

 

Paternity & shared parental rights

 

Employees eligible for paternity leave are entitled to take it following a stillbirth. Paternity leave must be taken within 56 days of the birth. If the baby was born prematurely, the leave must be completed within the period between the actual date of birth and 56 days after the expected week of birth. Statutory Paternity Pay will still apply if the employee meets the eligibility criteria.

The rules for shared parental leave and pay differ in situations where the baby does not survive. If either parent gave notice before the birth of their intention to take shared leave and the baby is born but subsequently dies, they remain entitled to the leave already booked. Cancelling shared leave requires a notice period of eight weeks unless both parties agree on an alternative arrangement.

If the baby dies before notice to book shared parental leave has been given, any entitlement to such leave will no longer apply.

In the case of a stillbirth (defined as a baby born after 24 weeks of pregnancy), shared parental leave regulations are less clear. However, it is unlikely that shared parental leave would be available. The mother retains the right to take maternity leave, and the partner retains the right to take paternity leave, provided they meet the eligibility criteria.

 

Best practice guidance for employers

 

There are certain things you can do to make it easier for any member of your workforce experiencing a loss. As well as having a good maternity policy, it is perhaps also wise to incorporate a miscarriage policy too.

From an employer and employee’s perspective, everyone feels more secure when their rights and responsibilities are clear. A policy or guidance note can formalise existing processes and ensure there is consistency. It can also help to make miscarriage less taboo and make sure people feel able to ask for support.

Some employers offer paid compassionate leave as part of employee contracts or internal policies. It is accepted that most women will require time away from work to recover both mentally and physically, and their partners may also need time to process and recover from the loss. It is essential that affected employees feel comfortable discussing this openly without fear of dismissal or receiving warnings.

A miscarriage policy could be part of a larger policy including pregnancy loss, stillbirth, miscarriage, ectopic and molar pregnancy, and also termination for foetal abnormality. This year, Channel 4 announced new policies offering both male and female employees paid time off for pregnancy loss and fertility treatments, heralding a move ahead of the times which promotes staff loyalty and in turn aids employee retention.

 

Discrimination

 

The Equality Act 2010 protects against discrimination on the grounds of pregnancy or pregnancy related sickness. It covers a period of two weeks from the end of a pregnancy for those women who are not entitled to maternity leave. It protects women:

Being discriminated against for any sick leave taken because of a miscarriage
If they have been discriminated against following this period, they can make a claim for sex discrimination. However, they will need to prove they have been treated less favourably than a man who has taken sick leave.

 

Grieving

 

Miscarriage, like any other loss, and the grieving process affects people in different ways, but common issues associated with it can include:

 

• Difficulty sleeping
• Finding it difficult to concentrate or feeling demotivated
• Struggling with social interaction
• Mood swings
• Feeling tearful and/or irritable
• Finding it difficult to manage their mental health.

 

Such feelings may affect their productivity or ability to manage a work environment. It is therefore essential that good communication and support are put in place to help the employee manage their work and recovery.

 

Tackle cultural barriers

 

Women may remain quiet or reluctant to tell people about miscarriage for a variety of reasons. Statistically, female employees who give their employer an indication of their desire to start a family are less likely to secure promotion and tend to be paid less than their male counterparts. They are seen as a ‘cost’ to the business rather than an ‘asset’; this is known as the ‘parent bias.’

Beyond the statistics and parent bias, having a miscarriage is a truly devastating experience. Ensure you are taking a proactive approach to fostering an open and supportive culture where employees know who they can go to within the organisation for help and support with any personal issues they may be experiencing, such as fertility, pregnancy or maternity-related matters.

 

Return to work support following miscarriage

 

Employers are encouraged to offer flexible arrangements, such as phased returns, hybrid working, or temporary changes to duties, particularly if the employee is dealing with ongoing grief or mental health challenges. Under the Equality Act 2010, employers may need to make reasonable adjustments if mental health issues arising from the miscarriage constitute a disability.

 

Possible changes to the law on miscarriage tome off work

 

There are current discussions and proposals within the UK government to amend the law regarding miscarriage and time off work. As of January 2025, the Women and Equalities Committee has advocated for the inclusion of bereavement leave for individuals who experience a miscarriage before 24 weeks of pregnancy. They recommend that the forthcoming Employment Rights Bill be amended to provide statutory paid leave for those affected by early pregnancy loss.

The proposed amendments aim to extend the same entitlements to statutory parental bereavement leave and pay, currently available to parents who experience stillbirths or the loss of a child, to employees who undergo pre-24-week pregnancy losses. This would encompass situations such as miscarriage, ectopic pregnancy, molar pregnancy, in vitro fertilisation embryo transfer loss, and terminations for medical reasons.

The Committee’s report highlights that the physical and emotional impacts of pregnancy loss can be severe and comparable to other forms of bereavement. They argue that sick leave is an “inappropriate and inadequate” form of support in the aftermath of a miscarriage, as it does not afford individuals adequate confidentiality or dignity and puts them at high risk of employment discrimination.

While these recommendations have been put forward, it is important to note that, as of now, there has been no formal change in the law. The Employment Rights Bill is currently under consideration, and its final provisions will depend on the legislative process and governmental decisions.

 

Need assistance?

 

DavidsonMorris provides specialist employment law advice to employers on all aspects of workforce management, including parental entitlements and absence management relating to miscarriage, stillbirth and neonatal death. For expert advice on how to manage these issues in a compassionate and legally-compliant way, contact us.

 

Compassionate leave for miscarriage FAQs

 

Is there a legal entitlement to time off after a miscarriage?

Employees do not have a specific statutory right to time off after a miscarriage if it occurs before 24 weeks of pregnancy. However, they are entitled to time off for dependants in emergencies or sick leave if their health is affected.

 

What happens if a miscarriage occurs after 24 weeks?

A miscarriage after 24 weeks is legally considered a stillbirth. In this case, the employee is entitled to maternity leave and pay, just as they would be for a live birth.

 

Should employers provide time off for miscarriage?

Although not required by law for miscarriages before 24 weeks, it is good practice for employers to offer compassionate leave or other forms of support, such as flexible working arrangements or additional sick leave.

 

Can employees take sick leave for a miscarriage?

Yes, if an employee’s physical or mental health is affected by a miscarriage, they can take sick leave. Employers should handle such situations sensitively and in line with their sickness absence policies.

 

How can employers support employees after a miscarriage?

Employers can provide support by offering time off, maintaining open and empathetic communication, and signposting to counselling services or employee assistance programmes.

 

Are there legal risks if an employee is treated unfairly after a miscarriage?

Yes, unfair treatment related to pregnancy or miscarriage could lead to claims of discrimination under the Equality Act 2010. Employers must ensure fair and consistent treatment for all employees.

 

Should employers have a policy on miscarriage leave?

Having a clear policy can help employers manage such situations sensitively and consistently, providing employees with clarity and reassurance during a difficult time.

 

Glossary

 

 

Term	Definition
Miscarriage	The loss of a pregnancy before the end of the 24th week. In UK law, it is distinct from stillbirth.
Stillbirth	The loss of a baby after the 24th week of pregnancy. Employees are entitled to maternity leave and pay in such cases.
Neonatal Death	The death of a baby within the first 28 days of life. Parents may be entitled to maternity leave, paternity leave, and parental bereavement leave.
Parental Bereavement Leave	Statutory leave of up to two weeks available to employees following the stillbirth of a baby or the death of a child under 18.
Equality Act 2010	UK legislation protecting employees from discrimination, including pregnancy-related discrimination for two weeks after a miscarriage.
Pregnancy-Related Sickness	Sick leave taken due to health issues arising from pregnancy or miscarriage. Employers must record it separately and not count it towards absence triggers.
Statutory Maternity Leave	Up to 52 weeks of leave available to employees who give birth or experience a stillbirth after 24 weeks of pregnancy.
Statutory Maternity Pay (SMP)	Payment available for up to 39 weeks for employees who meet qualifying conditions, even following a stillbirth.
Compassionate Leave	Employer-provided leave to support employees after events such as miscarriage. Not a statutory entitlement in the UK.
Reasonable Adjustments	Changes made to the workplace or duties to support employees with a disability, including mental health issues caused by miscarriage.
Paternity Leave	Up to two weeks of leave available to eligible partners following childbirth or stillbirth, to be taken within 56 days of the birth or due date.
Shared Parental Leave (SPL)	Leave that allows parents to share up to 50 weeks of leave and 37 weeks of pay after the birth of a baby, subject to certain conditions.
Employee Assistance Programme (EAP)	A workplace-provided support service offering counselling and resources to employees dealing with personal issues, including miscarriage.
Parent Bias	Workplace bias that assumes employees planning to start or expand a family are less committed or productive, potentially impacting promotions or pay.