Plans to widen Bereavement Leave to Include Miscarriage Before 24 Weeks

Plans to widen Bereavement Leave to Include Miscarriage Before 24 Weeks

In times of grief, taking time off work to mourn the loss of a loved one is not only a matter of compassion—it is essential for emotional recovery and overall wellbeing. Recent updates to bereavement leave policies reflect a growing recognition of this need. In this blog post, we’ll explore the further proposed changes to extend bereavement leave to cover miscarriage before 24 weeks.

Bereavement leave or compassionate leave, allows employees to take time off following the death of a close relative or loved one. Under employment law, employees who lose a dependant, such as a partner, child, parent or anyone who relies on them are entitled to bereavement leave. For other bereavements, time off is usually at the employer’s discretion, with no legal requirement for it to be paid, except in certain cases.

Parental bereavement leave is a key exception, granting a legal right to time off for employees who lose a child under 18. Outside of this, UK law does not specify a set length of leave but advises that time off should be “reasonable” and is based on individual and employer policies. Many employers offer three to five days of paid or unpaid leave. Employees should check their employer’s policy to understand their specific rights.

In a significant and compassionate move, the UK government is proposing to extend bereavement leave to parents who experience pregnancy loss before 24 weeks. This change, part of the Employment Rights Bill, marks a shift in recognising and supporting pregnancy loss at work. The amendment would give all parents who suffer pregnancy loss, regardless of timing, a legal right to take time off to grieve. The exact length is still under consultation, but is expected to be at least one week.

Currently, women who miscarry before 24 weeks have no guaranteed right to bereavement leave and often rely on sick leave instead. Many avoid this, as it frames grief as a medical issue rather than an emotional loss, much like any other bereavement.

Miscarriage remains a sensitive, often private topic, with many choosing not to share their loss. This silence reflects wider societal discomfort around pregnancy loss despite its emotional impact. 
The planned legal change is an important step in breaking this silence. By recognising the emotional impact of pregnancy loss and granting bereavement leave, it ensures those affected have the time and support to grieve without fear of professional or social judgment.

What Employers Should Do

Employers should review and update their bereavement policies to explicitly include pregnancy loss, ensuring these changes are clearly communicated to all staff. It is essential to train managers to respond with empathy and understanding, creating a supportive environment for grieving employees. Providing flexible options, such as staggered leave or remote work, can help employees balance their grief with work responsibilities. Additionally, offering access to counselling or employee assistance programs can provide crucial emotional support. By taking these steps, employers not only comply with legal requirements but also foster a compassionate and caring workplace culture.

Conclusion

Extending bereavement leave to cover miscarriage before 24 weeks is a vital step in recognising the true impact of pregnancy loss. It gives parents the time and support needed to grieve without added work pressure. Employers play a key role by updating policies, offering clear guidance and showing genuine care. Supporting grieving staff goes beyond legal duty—it builds a workplace where everyone feels valued, respected and human.

If you require any advice in respect of the issues raised in this blog, we can help you. Sills & Betteridge Employment Law Team provide specialist representation and advice from their large network of offices in Lincolnshire, Yorkshire and the East Midlands. For details of the team, their specialisms and contact details please see here.

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