Women and equalities committee report: bereavement leave for miscarriages of pregnancy

The Women and Equalities Committee (WEC) has called for a statutory right to bereavement leave for women and their partners to be incorporated into the new Employment Rights Bill (the Bill) in cases where they have suffered a miscarriage within the first 24 weeks of pregnancy.

The WEC acknowledges that the Bill currently includes provisions for bereavement leave for the “loss of other loved ones” but is proposing that the Bill be extended to include babies and pregnancies lost before 24 weeks within the definition of “loss of other loved ones”.

What is the current law regarding bereavement leave, and what does the Employment Rights Bill say about bereavement leave?

There is an existing provision for parental bereavement leave, which allows for up to two weeks of paid leave for parents following the death of a child (under 18 years old) or a stillbirth after 24 weeks of pregnancy. However, the current law does not require employers to provide paid time off for employees to grieve in circumstances aside from the two aforementioned.

The Bill proposes to extend this right to allow employees to take time off work “to grieve the loss of other loved ones” and will become a day-one right for employees, meaning no minimum length of service will be required to be eligible for bereavement leave. The Bill proposes a one-week leave entitlement for the loss of other loved ones, while maintaining the existing two-week entitlement for the death of a child under 18 or a stillbirth after 24 weeks of pregnancy. We eagerly await the publication of the Regulations, which will provide further details of the new provision.

The WEC Report

The Report describes sick leave as an “inappropriate and inadequate” form of employer support following a miscarriage and highlights that the low rates of Statutory Sick Pay would make it difficult for women to justify taking sick leave after a miscarriage, as this could put their “wellbeing and future work prospects at risk”. The WEC acknowledges that many employers are establishing good pregnancy loss policies but insists that the right to paid bereavement leave should be statutory for those experiencing miscarriage before 24 weeks of pregnancy. The WEC urges the Government to work collaboratively with CIPD, ACAS and the Trades Union Congress to promote the benefits of miscarriage leave policies and implement stronger, more robust guidance for employers.

If the WEC’s recommendations are implemented, this would grant those who have suffered miscarriages before 24 weeks, and their partners, entitlement to two weeks of paid leave. The right would apply to those who have experienced a miscarriage, ectopic pregnancy, molar pregnancy, in vitro fertilisation embryo transfer loss, and terminations for medical reasons (in accordance with Section 1 of the Abortion Act 1967).

The proposal has already received support from the CIPD, who have stated that they are “very supportive of the WEC’s focus on this important area and echo its calls to provide paid leave to women and partners experiencing pregnancy loss before 24 weeks, which is currently a gap in the Employment Rights Bill”.

Data estimates that one in five pregnancies end in a miscarriage before 24 weeks. In December 2024, The Miscarriage Associations campaign “Leave for Every Loss” reported that 90% of the general public agreed that “the loss of a baby at any stage of pregnancy can be felt as a bereavement”. The WEC has annexed their draft amendments to the Bill within the report, and they intend to table these proposed amendments for consideration.

This is not the first campaign advocating for changes to the law surrounding miscarriage leave. In 2022, Angela Crawley, former MP for the Scottish National Party, introduced a  miscarriage leave Bill which would have provided parents with three days of paid leave in the event of miscarriage, molar or ectopic pregnancy. However, the Bill failed to progress through Parliament. In addition, the former chair of the WEC also petitioned for similar changes in 2021, proposing a “Bereavement Leave and Pay (Stillborn and Miscarried Babies) Bill” but this also failed to progress.

The Employment team at Thomson Snell & Passmore eagerly awaits the Government’s response to the Report. If you are an employer and require any assistance with any of the issues mentioned within this article, do not hesitate to get in contact.