Expanding Bereavement Leave: Recognising Early Pregnancy Loss in Workplace Policies

For many, the loss of a pregnancy regardless of how early it occurs is a truly emotional and often devastating experience. Yet, until recently, those who suffered a miscarriage before 24 weeks were not legally entitled to bereavement leave in the UK. This lack of recognition has left many individuals struggling to cope with their grief while also navigating workplace responsibilities. However, change is on the horizon. The UK government has now committed to amending the Employment Rights Bill to include statutory bereavement leave for those experiencing pregnancy loss before 24 weeks. This marks a significant step toward recognising the impact of miscarriage and ensuring that affected employees receive the support they need.

The Current Landscape of Bereavement Leave

Under current UK law, parents who lose a baby after 24 weeks of pregnancy are entitled to parental bereavement leave and pay. However, for those who experience miscarriage earlier in pregnancy, there is no statutory right to paid leave. This gap in legislation has often left individuals and couples feeling unsupported, with many having to rely on sick leave or unpaid time off to grieve their loss.

The Story so Far

The initiative to extend statutory bereavement leave to include pre-24-week pregnancy loss has been a developing process over recent months. Here's a timeline of key events:

• January 2025: The Women and Equalities Committee published a report recommending that paid bereavement leave be extended to individuals and their partners experiencing pregnancy loss before 24 weeks.

• February 2025: The UK government responded positively to these recommendations, indicating a commitment to amend the Employment Rights Bill accordingly.

• March 2025: During the Report Stage of the Employment Rights Bill, Employment Rights Minister Justin Madders confirmed the government's intention to include provisions for miscarriage leave in the legislation.

As of March 2025, the Employment Rights Bill, inclusive of these amendments, is under consideration in the House of Lords. The exact date when these provisions will become law depends on the legislative process's progression and the bill's final approval.

Why Recognising Early Pregnancy Loss Matters

The grief associated with pregnancy loss is colossal, regardless of gestational age. Many individuals and couples develop deep emotional connections with their pregnancy from the moment they find out, and the sudden loss can be traumatic. Beyond the emotional toll, there can also be significant physical and psychological effects, including anxiety, depression, and feelings of isolation. Without formal workplace policies in place, many employees feel pressured to return to work before they are ready, which can negatively impact their well-being and productivity.

Recent Advocacy and Legislative Change

In response to growing awareness and advocacy from organisations such as The Miscarriage Association and Sands, the UK government has proposed an amendment to the Employment Rights Bill that would provide statutory bereavement leave for those experiencing miscarriage before 24 weeks. This move reflects a broader shift towards acknowledging pregnancy loss as a significant life event that warrants time for emotional and physical recovery.

The Role of Employers in Supporting Employees Through Loss

While legislative change is crucial, employers can play a key role in ensuring that those affected by pregnancy loss receive the support they need. Companies can take proactive steps by:

·      Implementing compassionate leave policies – Offering paid bereavement leave for pregnancy loss can help employees feel valued and supported.

·      Creating a culture of openness – Encouraging conversations about pregnancy loss can help reduce stigma and allow employees to seek the support they need.

·      Providing mental health resources – Access to counselling, employee assistance programmes, and peer support groups can be beneficial for those struggling with grief.

·      Training managers and HR teams – Equipping line managers with the knowledge to handle conversations around pregnancy loss with sensitivity can make a significant difference in how employees feel supported.

Personal Stories and the Importance of Change

Many individuals who have experienced pregnancy loss before 24 weeks have spoken about the lack of workplace support they received. Some felt forced to return to work too soon, while others faced a lack of understanding from colleagues and managers. By sharing these stories, we can highlight the real-world impact of inadequate bereavement leave policies and advocate for change that ensures no one has to face such loss alone.

Looking Ahead

The proposed expansion of bereavement leave is a positive step towards greater recognition of pregnancy loss and the need for compassionate workplace policies. As discussions around grief and workplace well-being continue to evolve, it is essential that businesses and policymakers work together to ensure that those experiencing loss receive the support and understanding they deserve.

If you or someone you know has been affected by pregnancy loss, there are organisations that can help, including The Miscarriage Association (www.miscarriageassociation.org.uk) and Sands (www.sands.org.uk). Support is available, and no one should have to navigate loss alone.