Bereavement leave for early pregnancy loss, before 24 weeks, will be included in the Employment Rights Bill.
On Tuesday 11 March, business minister Justin Madders confirmed that amendments to the bill, which is making its way through parliament, would support extending this leave. Currently bereavement leave is only granted for stillbirths after 24 weeks.
Daniel McAfee, UK lawyer and head of legal operations at Lawhive, said the new amendment “acknowledges” pregnancy loss that is “separate from existing sick leave provisions”.
He said: “The government’s support for bereavement leave following miscarriage represents a significant evolution in employment law. It acknowledges that pregnancy loss necessitates its own legal framework separate from existing sick leave provisions.
“Under current legislation, parental bereavement leave is only available for stillbirths after 24 weeks of pregnancy. This creates a legal disparity that fails to recognise the impact of earlier pregnancy losses. The Employment Rights Bill amendment would establish statutory protection for employees experiencing pregnancy loss before 24 weeks, granting them legal entitlement to two weeks of bereavement leave.”
He noted that this development continues the legislative trend to expand workplace protections beyond traditional categories.
“From a compliance perspective, organisations will need to update their policies accordingly. While the principle has government support, businesses should monitor how this provision progresses through parliament, particularly regarding whether the final legislation will mandate paid or unpaid leave.”
He emphasised that some progressive employers already offer compassionate leave for miscarriage, however, many employees have to rely on sick leave or annual leave.
“This proposed change would help standardise employer responses to miscarriage, which currently vary widely across organisations. Some progressive employers already offer compassionate leave for miscarriage, but many employees must rely on sick leave or annual leave during these difficult times.
“The distinction between paid and unpaid leave remains a critical detail. While the Miscarriage Association welcomed the development as a ‘significant step forward’, they noted their preference for paid leave provisions, suggesting this remains an area for potential future advocacy.”
He said that employers implementing these changes would need to adjust absence management systems, train managers on the new entitlements, and potentially review budgetary implications if paid leave becomes mandatory.
“The Employment Rights Bill contains numerous other workplace reforms, including changes to unfair dismissal rules, flexible working arrangements, and sick pay provisions. This miscarriage leave amendment represents just one part of a comprehensive overhaul of employment protections. This development follows international precedent, with countries like New Zealand having already implemented similar provisions, though the specific implementation details vary across jurisdictions.”
