The government has indicated its support for the recommendation from the Women and Equalities Committee (WEC) to make bereavement leave available to all employees and their partners who experience a miscarriage before 24 weeks of pregnancy.
Current position
Under the current law, employees who lose a child under the age of 18, or experience a miscarriage after 24 weeks of pregnancy, are entitled to statutory parental bereavement leave. If a child is stillborn, birth mothers can take up to 52 weeks of statutory maternity leave or pay, and their partners can take up to two weeks of paternity leave or pay. Conversely, employees and their partners who experience pregnancy loss within the first 24 weeks of pregnancy are not eligible for statutory parental bereavement leave, maternity leave or paternity leave. The WEC’s recent report highlighted concerns that many employees, predominantly women, feel obliged to return to work shortly after experiencing an early-stage miscarriage, often at the expense of their mental health.
Proposed changes to the law
The Employment Rights Bill (the Bill) proposes to extend the entitlement to statutory parental bereavement leave to become a more general bereavement leave, applying to the loss of a wider group of persons. The minimum period of statutory leave would be one week. There is no plan to bring in an entitlement to pay for this wider bereavement leave, although parents who lose a child under the age of 18 will remain entitled to two weeks’ leave and statutory parental bereavement leave pay.
The WEC wants the Bill to extend the right to statutory parental bereavement leave and pay to ectopic and molar pregnancies, IVF embryo transfer loss, miscarriages and terminations for medical reasons. Whilst the government has confirmed it supports the principle of bereavement leave for pregnancy loss, it has not given any commitment around the length of leave or entitlement to pay. It has committed to further discussions with the WEC as the Bill progresses through the House of Lords.
Support for employees
In the meantime, you may wish to consider what support you can offer to grieving parents, which may help with staff retention and demonstrate your commitment to staff wellbeing. At its simplest, supporting line managers to deal with absence flexibly and offering flexible working arrangements when employees return after pregnancy loss can make a positive difference. The Miscarriage Association offers training for line managers and has published guidance on the steps employers can take, including what to say to colleagues and issues to be aware of.
