Parents who experience a miscarriage before 24 weeks of pregnancy will be entitled to bereavement leave.
Under an amendment to the Employment Rights Bill, parents will have the right to take “at least” a week off work to grieve, although the exact length will be open to consultation.
Currently, bereavement leave is only available to parents who lose an unborn child after 24 weeks of pregnancy. According to pregnancy charity Tommy’s, most miscarriages take place in the first 12 weeks of pregnancy.
“No one who is going through the heartbreak of pregnancy loss should have to go back to work before they are ready,” said deputy prime minister Angela Rayner, who said the amendment would give “people time away from work to grieve”.
Sarah Owen, chair of the Women and Equalities Committee, tabled the amendment.
Miscarriage leave
In March, employment rights minister Justin Madders confirmed that proposed amendments to miscarriage and bereavement leave would be progressed as the Bill made its way through parliament.
Owen told BBC Radio 4 today (7 July) that she felt an “overwhelming sense” of grief and loss after her own miscarriage.
“Nobody says ‘get well soon’ once you’ve had a miscarriage, they say ‘I’m really sorry for your loss’. It’s fantastic to see the law catch up with this.”
Vicki Robinson, chief executive of the Miscarriage Association, said changes to the law would help to acknowledge the “emotional element” of pregnancy loss, telling the BBC that returning to work after miscarriage can be “really anxiety-inducing”.
At present there is no indication that the right to take leave will be paid. The existing right for parents to take two weeks’ of bereavement leave is paid at the basic statutory rate. Employers will be able to offer enhanced pay at their own discretion.
Philip Richardson, partner and head of employment law at Stephensons, said: “This is a long-overdue step forward in recognising the profound emotional toll of early pregnancy loss. The current legal framework, which only grants bereavement leave after 24 weeks, does not reflect the grief and sense of loss that many parents experience much earlier in pregnancy.
“By extending this right, the government is sending a clear message about the importance of empathy and support in the workplace. This change will also bring much-needed clarity for employers, enabling them to support their staff in a more consistent, fair, and legally sound way.”
Liz Stevens, a professional support lawyer at Birketts, said she thought the new right would likely be brought in a the same time as the wider day-one right for employees to take two weeks’ bereavement leave, which is not due to come into effect until 2027.
“Once the details of the new right are confirmed, employers will need to review their own internal policies relating to bereavement or compassionate leave, and decide whether to provide any payment for the extended statutory right to take leave,” she explained.
“It will also be important for managers to understand how to deal with bereaved employees and respond to requests to take bereavement leave, which could include training in handling sensitive conversations with employees at a time of significant distress.”
Last week, the government published an “implementation roadmap” for the Employment Rights Bill, revealing an initial timetable for changes to employment law.
The Bill is currently at report stage and is unlikely to receive Royal Assent until at least the autumn.
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