The Government has confirmed that it will progress proposed amendments to the Employment Rights Bill, which could pave the way for statutory miscarriage leave in the UK.
What is the current position on miscarriage leave?
At present, employees who experience a pregnancy loss before 24 weeks have no automatic right to statutory bereavement leave or maternity leave.
While Parental Bereavement Leave has been available since 2020 for those suffering a stillbirth (after 24 weeks) or the loss of a child, there is no legal entitlement for earlier pregnancy losses. Those who have suffered a stillbirth (after 24 weeks) would also be entitled to statutory maternity leave and pay.
Many campaigners (and now the Government) recognise this gap in the law as an oversight.
What amendments are coming to miscarriage leave?
The proposed amendments, championed by Sarah Owen MP, chair of the Women and Equalities Committee, call for a period of paid miscarriage bereavement leave to be made available to women and their partners following a loss prior to 24 weeks.
While we are not yet at the point of statutory paid leave, the Government’s commitment to working with organisations like Acas and the CIPD to develop guidance and promote “generous and flexible” miscarriage policies is a clear signal that reform may be on the horizon.
The Government has also acknowledged that miscarriage can and often should be considered a form of bereavement, a recognition that validates the lived experience of many.
Why this matters to employers
It is estimated that more than one in five pregnancies ends in miscarriage before 24 weeks.
Yet, despite the prevalence, the level of workplace support is inconsistent.
The absence of a legal requirement does not mean employers should wait to act. Those with inclusive, compassionate policies already in place are likely to see:
- Improved staff wellbeing
- Higher levels of trust and retention
- A more supportive and equitable workplace culture
By contrast, employers that fail to acknowledge this type of loss may find themselves on the back foot as public expectations (and soon the law) evolve.
What should employers do now?
Even in the absence of legislation, you can, and arguably should, start preparing:
- Review your existing leave policies to see whether they address early pregnancy loss.
- Consider offering paid miscarriage leave as a matter of best practice. This can align with existing bereavement leave policies.
- Train managers to respond sensitively to pregnancy loss, including recognising that an employee may not wish to disclose the details of their situation.
- Be flexible with requests for time off.
If the law changes, businesses that have already taken steps to support affected employees will be far better prepared to implement any new requirements.
A progressive step forward
If implemented, this would make the UK only the fourth country in the world to legislate for miscarriage leave, a powerful statement of progress and one that reflects a growing understanding of grief in the workplace.
While statutory paid leave has not yet been guaranteed, the direction of travel is clear.
For employers, this is an opportunity to show leadership, compassion, and an understanding of an issue that affects so many.
If you would like advice on how to update your policies in anticipation of potential changes to miscarriage leave, please get in touch with our employment law team.