The government has confirmed it will progress amendments to the forthcoming Employment Rights Bill around miscarriage leave to the House of Lords.
Earlier this month, the government said it “fully accepted” the principle of bereavement leave for pregnancy loss during a House of Commons debate during the Report stage of the Bill.
Sarah Owen, chair of the Women and Equalities Committee and lead MP tabling the amendments to the Bill, is campaigning for a period of paid leave to be available for all women and partners who experience a pre-24 week loss.
Miscarriage leave
In its response to January’s report by the Women and Equalities Committee into the feasibility of the amendment, the government said it agrees that more can be done to support parents who experience pregnancy loss before 24 weeks.
“The Committee’s report was invaluable in highlighting both the emotional and physical impacts that pregnancy loss can have on employees and their partners, as well as the gap in support for those who experience a pregnancy loss before 24 weeks,” it said.
“While we recognise that grief is a personal issue and affects people in different ways and at different times, we are mindful that many experience pregnancy loss as a form of bereavement.
“We look forward to further discussions with the Committee as the Bill moves to the House of Lords.”
Business and trade minister Justin Madders said the report demonstrated “a clear gap in support” and thanked the WEC for highlighting it.
The WEC’s report cited data estimating that more than one in five pregnancies end in a loss before 24 weeks.
In April, the Neonatal Care (Leave and Pay) Act comes into force, entitling eligible parents 12 weeks’ paid leave if babies are born prematurely. However, there is currently no provision for pre-24-week pregnancy loss. Parental bereavement leave, which also covers parents who suffer a stillbirth after 24 weeks of pregnancy, became an entitlement in 2020.
In its response, the government also said it would work with employers and employer bodies such as the CIPD and Acas to develop and promote the benefits of “generous and flexible” pre-24-week pregnancy loss leave policies.
Owen said the government’s response to the proposed amendments was “hugely welcome”.
“As the Women and Equalities Committee’s January report on miscarriage and bereavement leave found, the case for a minimum standard in law is overwhelming,” she said.
“Miscarriages and other pre-24-week pregnancy losses can be devastating for women and their families with both emotional and physical consequences.
“Like many women, I know that when you lose a pregnancy, you are not sick, you are grieving and it is an overwhelmingly positive step to see government recognising this need for all workers.
She added that the government was yet to commit to statutory paid leave, but was happy that it was exploring options, which she described as “tangible” progress.
“A change in the law on miscarriage bereavement leave would make the UK one of only four countries in the world that have set a marker for employers to recognise that all those who experience the physical and emotional pain of pregnancy loss can take the time they need to grieve.”
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