Bereavement Leave extended to miscarriages that occur before 24 weeks

Parents of a miscarriage occurring before the 24th week of pregnancy are entitled to bereavement leaves.

According to an amendment to Employment Rights Bill parents will have a right to take “at the very least” one week off to grieve. However, the exact duration will be up for consultation.

At the moment, parents can only take a bereavement period if they lose a child unborn after 24 weeks. According to Tommy’s pregnancy charity, the majority of miscarriages occur in the first twelve weeks of pregnancy.

The amendment will give people time to grieve.

Sarah Owen, the chairwoman of the Women and Equalities Committee presented the amendment.

Justin Madders , Minister for Employment Rights, confirmed in March that the proposed amendments regarding miscarriage leave and bereavement leaves would be advanced as the Bill progressed through Parliament.

Owen said on BBC Radio 4 today (7th July) that her miscarriage left her with an “overwhelming feeling” of grief.

Nobody says “Get well soon” after a miscarriage. They say, “I’m sorry for your loss.” It’s great to see that the law has caught up.”

Vicki Robinson is the chief executive of the Miscarriage Association. She told the BBC that the return to work following miscarriage could be “really anxious-inducing”.

There is currently no indication of whether the parental leave entitlement will be paid. Parents are entitled to two weeks of paid bereavement leaves. This is paid at the statutory minimum rate. Employers can offer an enhanced wage at their discretion.

Philip Richardson is the partner and head employment law at Stephensons. He said, “This is an important step in recognising that early pregnancy losses have a profound emotional impact. The current legal framework that only allows bereavement to begin after 24 weeks does not reflect the sense of grief and loss many parents feel much earlier in their pregnancy.

By extending this right, government sends a clear signal about the importance empathy and support at work. This change will bring clarity to employers and enable them to support staff in a fair, consistent, and legal way.

Liz Stevens is a Birketts professional support lawyer. She believes that the new bereavement right will likely come in at the same time with the day-one bereavement right, which does not take effect until 2027.

She explained that employers would need to review internal policies related to bereavement and compassionate leave to determine whether they will pay for the extended right to take leave.

It is also important that managers understand how to respond to bereaved employee requests and handle sensitive conversations at a time when employees are in a state of distress. This could include training on handling sensitive conversations.

The government released a “implementation road map” last week for the Employment Rights Bill. This revealed an initial timeline for changes in employment law.

It is unlikely that the Bill will receive royal assent before at least autumn.

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