The Employment Rights Act 2025 provides for a new statutory right to Bereavement Leave, including circumstances involving pregnancy loss. The detailed entitlement will be set out in regulations, with the new right expected to come into force in 2027
It is estimated that 10-20% of all pregnancies result in miscarriage, most occurring within the first 12 weeks. The impact of miscarriage can be devastating on families, and with most occurring in early stages, it is unlikely that employers are unaware that an employee is pregnant. While full-time work is not indicative of being the cause of miscarriage, women in high-stress jobs or working in high-stress environments are believed to be more likely to experience a miscarriage.
The Employment Rights Act 2025 now provides for a new statutory right to Bereavement Leave. The legislation changes the existing parental bereavement provisions to create a broader right covering bereavements including pregnancy loss, with the detailed entitlement to be set out in regulations.
Under the current rules, there is no statutory maternity, paternity or parental bereavement leave following a miscarriage before 24 weeks of pregnancy. A stillbirth after 24 weeks is treated differently: eligible parents can qualify for maternity or paternity leave, and parental bereavement leave may also apply.
While the detailed rules for the new statutory Bereavement Leave entitlement are being developed, employers can support employees affected by miscarriage and pregnancy loss through their existing leave policies and other workplace support.
If you have a team member who is experiencing a miscarriage, they are experiencing one of life's biggest challenges. Here are a few ways to be supportive:
- Offer time off and flexible or remote work arrangements as soon as possible.
- Ask them whether or not they would like this news communicated with other team members, management and colleagues and respect their wishes.
- Understand that miscarriage can be a bereavement for the person experiencing it, even where the current statutory leave rules do not provide a specific entitlement. People may need different types or amounts of support, so employers should discuss their needs sensitively.
- Equip them with any additional resources offered through their employment, such as an Employee Assistance Programme.
The Employment Rights Act 2025 provides for a new statutory Bereavement Leave entitlement, including circumstances involving pregnancy loss. The detailed rules are still to be set out in regulations, with the new right expected to come into force in 2027. Employers can also act now by reviewing their existing bereavement and pregnancy loss policies and considering what support they can offer employees.
