Bereavement Leave for Miscarriage Before 24 Weeks: What Employers Need to Know

As bereavement leave legislation evolves, employers must prepare for a significant and compassionate shift in how workplace policies support pregnancy loss. The UK government’s proposal to extend bereavement leave to include miscarriages before 24 weeks is not only a legal development but a critical step toward workplace empathy and employee wellbeing.

Understanding the Change: Bereavement Leave for Miscarriage Before 24 Weeks

Currently, statutory bereavement leave in the UK is only available to parents who experience pregnancy loss after 24 weeks or lose a child under the age of 18. Under the proposed amendment to the Employment Rights Bill, parents who lose a baby before 24 weeks will be legally entitled to time off work to grieve.

This landmark change reflects growing recognition that early pregnancy loss is not just a medical event, but a deeply emotional one. As Deputy Prime Minister Angela Rayner stated, “No one who is going through the heartbreak of pregnancy loss should have to go back to work before they are ready.”

What Will the New Law Include? 

While still under consultation, early details of the law include:

• At least one week of unpaid bereavement leave for miscarriage before 24 weeks
• The right would apply to both parents
• Further eligibility criteria, such as the need for a doctor’s note, will be confirmed in due course
• The change will apply in England, Scotland, and Wales (not Northern Ireland)

Why This Matters: The HR and Employer Perspective

For HR professionals and employers, this proposed change is an opportunity to align workplace policy with compassion and best practice. With an estimated 250,000 miscarriages annually in the UK, most occurring in the first 12 weeks, the chances of one of our employees experiencing this are high.

Ignoring this form of grief, or offering only sick leave, can damage morale, mental health, and trust in employer support. As Labour MP Sarah Owen rightly noted, women currently face “absolutely nothing” in terms of statutory support for early loss, leading many to suffer in silence or return to work prematurely.

Key Considerations for Employers:

1. Update Your Bereavement Leave Policy:

Once the legislation passes, ensure your bereavement leave policy is updated to include miscarriage before 24 weeks. Be clear about the duration, whether leave will be paid or unpaid, and how staff can apply.

2. Train Managers on Sensitive Response:

Front-line managers should be trained on how to sensitively handle conversations
around pregnancy loss. Grief support should not be limited to the mother, partners grieve too.

3. Offer Additional Support Where Possible:

While the proposed leave is unpaid, employers may consider offering paid time off or additional emotional support through Employee Assistance Programmes (EAPs) or counselling services.

4. Maintain Privacy and Dignity:

Ensure any communication around pregnancy loss is handled confidentially and with utmost sensitivity. Let the employee guide how much is shared and with whom.

5. Avoid Penalising Time Off

Pregnancy loss should not result in performance scrutiny, absence records penalties, or loss of bonuses. Reinforce a culture where employees feel safe to grieve without fear of workplace consequences.

Supporting a Culture of Compassion

This change marks a turning point in how society – and the workplace – recognises
pregnancy loss. As Myleene Klass, advocate and public figure, poignantly said, “You’re not ill, you’ve lost a child. There’s a death in the family.”

Forward-thinking employers will embrace this shift not as a compliance obligation, but as a chance to lead with empathy, strengthen employee loyalty, and create a more inclusive, human-centred workplace.

Conclusion: Prepare Now for Legislative Change

With the Employment Rights Bill progressing through Parliament, now is the time to get ahead. As outsourced HR experts, we help businesses like yours stay compliant, compassionate, and prepared, without the headache of managing it all internally.

Don’t wait until the law changes. Contact us today for expert HR support, bespoke policy updates, and practical guidance to help you support your people and protect your business.