New: bereavement leave for miscarriage
New: bereavement leave for miscarriage
Under a planned legal change, parents who suffer a miscarriage before 24 weeks of pregnancy will be entitled to bereavement leave. How much leave?
Stillbirths. Employees who experience a stillbirth after at least 24 weeks of pregnancy have a current day one statutory right to take one or two weeks of parental bereavement leave (PBL). Statutory parental bereavement pay (SPBP) is also payable if the employee has at least 26 weeks’ continuous service and average weekly earnings of not less than the lower earnings limit (currently £125p.w.). Both bereaved parents can take PBL.
Miscarriages. Employees who suffer a pregnancy loss before the end of the 24th week of pregnancy don’t have the right to PBL. Currently, if they are absent from work on medical grounds following the pregnancy loss, this would be sickness absence and should be treated in the same way as a pregnancy-related illness. The other parent may be entitled to take time off for dependants (a couple of days at most to provide assistance at the time of the tragedy) or they could apply to take paid annual leave.
Bereavement leave. The Employment Rights Bill includes a new day one right for employees to take “at least” one week of bereavement leave, following a miscarriage. There will be a consultation on this new statutory right in due course, and the regulations will set out further details, including on the exact length of the time off permitted. The government has now confirmed that the Bill is to be amended to extend statutory bereavement leave to cover both parents who suffer a pregnancy loss after less than 24 weeks of pregnancy in any way other than by a live birth (including IVF embryo implantation failure).
Tip. It’s expected this will still be unpaid leave and won’t come into force until 2027. Check your policies as you may already provide paid compassionate/bereavement leave as a contractual right or discretionary benefit, and this could be wide enough to cover pregnancy loss.
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PREGNANCIES ENDING IN MISCARRIAGE
10 to 20%* – miscarriage in early stage (in first twelve weeks)
3 to 4%* – miscarriage in late stage (in weeks 13 to 24)
*according to pregnancy charity Tommy’s
The entitlement will be to at least one week of bereavement leave, with the exact length still to be determined after consultation. It’s expected that it will be unpaid leave and will come into force sometime in 2027.