Pregnancy loss and employer responsibilities: Are employees being supported?

A member of the Metropolitan police has spoken about her experiences of pregnancy loss while working with the force. Alison Robinson found that her miscarriage was brushed under the carpet and forgotten about, with her manager not knowing how to talk about it. Ms Robinson joined a baby loss peer support group within the force and later set up her own support group when she transferred to South Wales Police.

As one in four pregnancies end in miscarriage, initiatives like those put in place by Ms Robinson are a positive example of how employers can support employees through pregnancy loss. The Government has recently responded to calls for those experiencing pregnancy loss to be officially recognised in bereavement leave legislation, representing a long overdue and significant step forward towards recognising pregnancy loss as a bereavement just like any other.

Current legislative protections for pregnancy loss

Employees are currently only eligible for statutory parental bereavement leave and pay if they or their partner lose a child from 24 weeks of completed pregnancy (a stillbirth) up to the age of 18, and provided they meet certain eligibility criteria. Such employees can avail themselves of two weeks of paid bereavement leave, with the weeks being taken together or separately, but the leave must be taken within 56 weeks of the child’s death. Employee parents may also take maternity, paternity and shared parental leave and pay, provided they meet certain eligibility criteria.

Employees who experience pregnancy loss before 24 weeks (miscarriage) have no entitlement to statutory parental bereavement leave and pay, nor any entitlement to maternity, paternity or shared parental leave and pay. Such employees are only entitled to statutory sick pay for any sickness absence related to pregnancy loss.

Other forms of leave that affected employees may avail themselves of, are time off for dependants and neonatal care leave. In the former case, employees may take unpaid leave to deal with emergencies which could cover the circumstances where a dependant has a miscarriage. In the event of a neonatal death (where a child is born alive at any stage of the pregnancy but then dies), for children born on or after 6 April 2025, both parents may be eligible for statutory neonatal care leave and pay (again subject to meeting the necessary eligibility criteria).

‘Pregnancy and maternity’ is a ‘protected characteristic’ under the Equality Act 2010, meaning that a woman is protected against discrimination that arises because of her pregnancy or because of any illness suffered as a result of her pregnancy during the protected period, including illness associated with miscarriage. Acas has provided guidance that any sickness absence that is pregnancy-related should be recorded separately from other sickness absence. Such absences should not count towards any review or trigger points in the absence policy. Any detrimental treatment or dismissal related to any sickness absence that is pregnancy-related would give rise to a claim for discrimination.

Future legislative developments

The Government published the Employment Rights Bill in October 2024 and indicated that it was considering introducing a new right for all employees to take unpaid bereavement leave, but this would still not apply in the event of pre-24-week pregnancy loss. The Women and Equalities Committee (WEC) published a report in January 2025 recommending amendments to the Employment Rights Bill so that the current right to statutory parental bereavement leave and pay is extended to employees who experience pre-24 week pregnancy loss.

Following consideration of the WEC’s recommendations, the Government has accepted the principle of bereavement leave for pregnancy loss. This welcome development recognises that for many women the period of bereavement after miscarriage is not sick leave and that its classification as that can be seen as insensitive. The Government has yet to confirm if such leave will be paid.

Key takeaways for employers

It is expected that bereavement leave for pregnancy loss will become law in 2026 but the actual leave entitlement may not start until 2027. Such a change in law would make the UK one of only four countries in the world that have recognised the need for employees to take time to grieve the physical and emotional pain of pregnancy loss. In anticipation of the change in law, employers may consider introducing paid leave for those experiencing this loss, along with their partners.

Employers should note that an increasing number of employers are establishing pregnancy loss policies, including periods of paid leave for women and partners. The Police are not alone in recognising the impact the loss of a baby may have on an individual and their family and many public sector organisations are implementing measures to support staff through pregnancy loss, such as counselling and advice from Employee Assistance Programmes, sickness and special leave, flexible working hours and arrangements for supporting partners, as well as guidance on miscarriage to managers to allow them to help their employees during this difficult time.

Employers should consider introducing a pregnancy loss policy and putting in place special measures to assist employees experiencing pregnancy loss such as phased returns to work, reasonable adjustments to working patterns or a period of home working. In addition, support groups, such as those established by Ms Robinson, enable employees with the tools and training to support a team member going through a loss.

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