A new amendment to the Employment Rights Bill will introduce new legal protections for employees who suffer a miscarriage before 24 weeks.
This amendment is designed to close a longstanding gap in employment law and give much-needed clarity on time off for miscarriage. At present, employees often have to resort to annual leave or sick leave.
Currently, statutory bereavement leave only applies when a child dies under the age of eighteen or where there is a stillbirth after 24 weeks of pregnancy.
Bereavement leave after miscarriage
While Parental Bereavement Leave has been available since 2020 for those suffering a stillbirth (after 24 weeks) or the loss of a child, there is currently no legal entitlement for miscarriage before 24 weeks.
Many people have been campaigning for this change.
Under the new law, parents will be entitled to statutory bereavement leave after a miscarriage at any stage of pregnancy.
This will be a day one right, meaning there is no qualifying period.
The new legislation will provide much-needed certainty and support for thousands of parents, as between 10 per cent and 20 per cent of pregnancies are lost within the first 12 weeks.
Dr Clea Harmer, Chief Executive of Sands, said: “Families tell us how important it is to have the time they need after pregnancy and baby loss, and statutory leave for all employees, including partners, will help to provide this.”
What employers should do now
Because there has been no statutory entitlement to bereavement leave before 24 weeks, many employers have offered sick leave, annual leave or discretionary compassionate leave instead.
The new law will give clarity and certainty by making leave a statutory right.
The Department for Business has not yet confirmed when the new law will take effect, how long the statutory leave will be, and whether it will be paid. It is anticipated that these details will follow after a period of consultation.
Other day one employment rights are expected to start from April 2026, and currently miscarriage bereavement leave is expected to follow in 2027.
While this may seem some way off, there are several steps you should take now to prepare:
- Review your bereavement and pregnancy loss policies. Do they cover miscarriage? If not, what needs to change?
- Ensure line managers are trained to respond sensitively to pregnancy loss, including recognising that an employee may not wish to disclose the details of their situation.
- Check that your existing sickness, compassionate and parental leave policies do not conflict with what the new law will require.
- Plan how you will communicate these changes to your staff when they come into effect.
The new legislation will set the minimum standard, but the extra support you put in place can make a huge difference to employee wellbeing, productivity, and loyalty.
Even before the new rules come into force, be flexible with requests for time off when an employee suffers a miscarriage.
You could also consider offering paid miscarriage leave as a matter of best practice. This can align with your existing bereavement leave policies, and you do not have to wait for new legislation to do this.
Build a supportive workplace with Palmers
An estimated one in five women – approximately 250,000 – experience miscarriage in the UK every year.
The emotional impact can be significant, not just for the person physically experiencing the loss but also for their partner.
The introduction of statutory bereavement leave represents a huge step forward for parental rights, health and wellbeing in the workplace.
Our specialist employment law team can help you prepare company policies that enable you to build a supportive and understanding workplace, whilst ensuring that your rights and resources are protected.
If you would like help reviewing your policies in preparation for miscarriage bereavement leave, please get in touch with our employment law solicitors today.