The government ‘fully accepts the principle of bereavement leave for pregnancy loss’ and will take forward amendments to the Employment Rights Bill, tabled by 87 MPs, to include miscarriage in bereavement rights.
Debating the Bill at Report Stage in the House of Commons yesterday, employment rights minister Justin Madders said he was grateful to the Women and Equalities Committee (WEC) for raising the important issue of miscarriage leave
“The loss of a baby at any stage is an incredibly difficult personal experience, and the inquiry that they have conducted demonstrated a clear gap in support for those that experience pregnancy loss and need time to recover and grieve,” he said.
He paid tribute to Sarah Owen, chair of the WEC and the lead MP in tabling the amendments to the Bill, for her courage in talking personally about her own experiences and to other MPs and campaigners who have spoken on this issue.
“We have heard them,” he said. “We fully accept the principle of bereavement leave for pregnancy loss as raised in the amendments and we look forward to further discussion with the honourable member and noble Lords as the Bill moves on to its stages in the other place.
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“Bereavement is not an illness, it is not a holiday, and it does need its own special category.”
In January, a report by the Women and Equalities Committee (WEC) recommended the law should be changed to bring miscarriage in line with existing provisions for baby loss after 24 weeks.
A period of paid leave “should be available to all women and partners who experience a pre-24-week pregnancy loss”, they concluded, adding: “the case for a minimum standard in law is overwhelming”.
Yesterday, Owen 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.
“The government’s commitment to explore options for change during the House of Lords’ consideration of the Employment Rights Bill is welcome. While the government has not yet committed to the statutory paid leave we called for, its commitment to explore options on leave is tangible progress and will make a vital difference to those who experience the heartbreak of pregnancy loss.”
The WEC’s report cited data estimating that more than one in five pregnancies end before 24 weeks, and that one in five women experience miscarriage in their reproductive lifetime.
The amendments include leave and pay provisions for those who experience miscarriage, ectopic pregnancy, molar pregnancy, embryo transfer loss during IVF, and terminations for medical reasons, and would introduce an entitlement to “statutory pregnancy loss pay”.
New regulations on miscarriage bereavement leave would make the UK one of only four countries in the world where employers would have to give those who experience pregnancy loss the time they need to grieve.
The Neonatal Care (Leave and Pay) Act entitles eligible parents to up to 12 weeks’ neonatal care leave and pay, if eligible, and applies in relation to babies born from 6 April 2025.
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