Bereavement Leave for Miscarriage Before 24 Weeks: What Employers Should Know

The way workplaces approach pregnancy loss is changing. The UK government is preparing to extend bereavement leave so that employees who experience miscarriage before 24 weeks of pregnancy will have a legal right to time away from work. This development represents more than just a legislative update – it’s a compassionate shift in recognising the impact of early loss on employees and their families.

The Current Position

At present, statutory parental bereavement leave only applies when:

• A child under 18 passes away, or

• A pregnancy ends after 24 weeks (stillbirth).

This leaves a significant gap, as early pregnancy loss is not currently covered.

What Is Changing

Under the proposed amendment to the Employment Rights Bill, parents who lose a baby before 24 weeks will have the right to take bereavement leave. Although the details are still being finalised, the following are expected to form part of the new law:

• At least one week of unpaid leave following miscarriage before 24 weeks.

• The right will apply to both parents.

• Certain eligibility requirements (e.g. medical confirmation) may apply.

• The legislation will extend to England, Scotland, and Wales (but not Northern Ireland at this stage).

The proposal acknowledges that miscarriage is not only a physical event but also a deeply emotional experience.

Why It Matters for Employers

It is estimated that around a quarter of a million miscarriages occur in the UK each year, most within the first 12 weeks. That means many workplaces will inevitably be affected. Relying solely on sick leave or ignoring the grief caused by pregnancy loss risks harming staff wellbeing, morale, and trust in leadership.

By preparing now, employers can demonstrate compassion while also ensuring compliance when the law comes into force.

Practical Steps for Employers

Here’s how organisations can get ready for the upcoming changes:

1.    Update Your PolicyAdapt your bereavement or family leave policies to cover miscarriage before 24 weeks. Specify the length of leave, clarify whether you will offer paid or unpaid time off, and explain the process for requesting leave.

2.    Train Line ManagersEquip managers to respond sensitively and respectfully when an employee experiences pregnancy loss. Remember – partners also grieve and may need support.

3.    Go Beyond the MinimumWhile the statutory requirement will provide unpaid leave, employers could choose to offer enhanced support, such as paid leave, access to counselling, or signposting to employee assistance programmes (EAPs).

4.    Protect PrivacyRespect confidentiality at all times. Allow the individual to decide how much information is shared with colleagues.

5.    Avoid PenalisationTime off related to pregnancy loss should never negatively affect performance reviews, attendance records, or future opportunities. Employees must feel safe to take the leave without fear of repercussions.

Building a Compassionate Workplace

This change signals an important cultural shift in how pregnancy loss is recognised in society and the workplace. For employers, it’s not just about policy compliance – it’s about creating a culture of empathy, respect, and inclusion.

Forward-thinking organisations will view the introduction of miscarriage bereavement leave as a chance to strengthen employee loyalty, support wellbeing, and lead with humanity.

Final Thoughts

Although the Employment Rights Bill is still progressing through Parliament, now is the right time for businesses to review their policies and prepare. By acting early, you can ensure compliance, support your people when they need it most, and demonstrate your organisation’s commitment to compassion as well as good practice.