The UK Government has announced a major change in employment law, the introduction of statutory bereavement leave for employees who experience pregnancy loss before 24 weeks. This long-anticipated reform marks a significant step forward in how early pregnancy loss is recognised and supported in the workplace.
Under existing UK legislation, specifically the Parental Bereavement Leave Regulations 2020, employees are entitled to statutory bereavement leave following the death of a child under the age of 18 or a stillbirth after 24 weeks of pregnancy. However, this protection does not currently extend to those who lose a pregnancy before the 24-week threshold. As a result, employees affected by miscarriage, ectopic pregnancy, molar pregnancy, or failed IVF procedures are not entitled to any specific bereavement leave.
Instead, they are often left to rely on medically certified sick leave, annual leave, or unpaid leave, which is dependent on the discretion and compassion of their employer. This lack of statutory support frequently leaves grieving parents feeling isolated and unsupported during a time of profound emotional and physical distress.
In response to increasing public awareness and advocacy, the Government has committed to expanding bereavement protections to include early pregnancy loss. Although the final details are still being confirmed, the policy is expected to offer at least one week of statutory leave. Crucially, this right will apply to both parents, including non-birthing partners, and will be available from day one of employment. While it remains uncertain whether the leave will be paid, the recognition of early loss in the legal framework marks a crucial shift. Implementation is currently anticipated by 2027.
Early pregnancy loss is far more common than many realise. According to the pregnancy charity, Tommy’s, one in four pregnancies ends in miscarriage. The NHS also reports that one in six couples in the UK face fertility difficulties. These numbers highlight the prevalence of early loss, but the emotional consequences are even more sobering. The 2023 Pregnancy Loss Review found that 90 per cent of women who experienced miscarriage said it had a negative impact on their mental health. Moreover, 85 per cent of those surveyed reported that their workplace did not have a specific miscarriage policy in place.
These findings reflect a significant disconnect between the experiences of employees and the current level of workplace support. The proposed changes are designed not only to address this legal gap but to encourage a more compassionate and inclusive working environment across sectors.
Although formal implementation is still a few years away, employers have a clear opportunity to act now.
The first step is to review and, where necessary, update existing HR policies. Many organisations currently lack any mention of early pregnancy loss in their sickness, parental, or bereavement leave policies. Creating a dedicated pregnancy loss policy or integrating support into existing frameworks can help set a more inclusive tone.
Additionally, it is essential to ensure that line managers are equipped to respond with empathy and discretion when employees disclose pregnancy loss. Sensitivity training and clear guidance can empower managers to handle such conversations appropriately and supportively.
Employers may also wish to consider offering compassionate provisions voluntarily before the law takes effect. This could include allowing time off for early pregnancy loss, offering phased returns to work, or signposting employees to counselling and mental health support. Communicating the availability of such support through HR, internal communications, or employee wellbeing initiatives ensures that employees know that help is available should they need it.
Supporting employees through early pregnancy loss is not only a matter of preparing for future legislation. It reflects an organisation’s values and culture. Proactively addressing this issue can help reduce the stigma surrounding miscarriage, improve employee wellbeing, and foster a more open and supportive workplace. It also strengthens the organisation’s reputation as a caring and inclusive employer, an increasingly important consideration for both recruitment and retention, particularly among women and those undergoing fertility treatment.
The planned introduction of bereavement leave for early pregnancy loss is a long-overdue step toward recognising the full spectrum of grief experienced by parents. While the legal framework is still being finalised, the message is clear: workplaces must evolve to support employees not just in their professional roles, but as people navigating some of life’s most difficult moments.
By acting now, employers can go beyond legal compliance to lead with empathy; sending a clear signal that every experience of loss matters, and every employee deserves support.
To find out more information or to discuss the new bereavement leave for early pregnancy loss, please get in contact with our team of experts.
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