Government responds to proposals to include pre 24-week pregnancy loss in scope of bereavement leave

Labour acknowledges that “more can be done to support parents who experience pregnancy loss before 24 weeks.”

The Government has published its response to the recommendation of the Women and Equalities Committee (WEC) to extend parental bereavement leave and pay to employees who experience pregnancy loss before 24 weeks.  

Whilst it has accepted that in principle that bereavement leave should be available for pregnancy loss, the Government has not committed to any specific changes to the Employment Rights Bill (ERB). 

Current bereavement leave and pay entitlement 

All employees are currently eligible for statutory parental bereavement leave from day one of employment if they or their partner lose a child from 24 weeks of pregnancy up to the age of 18. 

To receive statutory parental bereavement pay, employees need to have 6 months’ service and earn at least the lower earnings limit, which is currently £125 per week.   

Statutory parental bereavement pay is currently paid at the prescribed rate of £187.18 or 90% of normal weekly earnings, if lower.

Those that are eligible can receive a maximum of two weeks’ paid leave, which can be taken together or separately. Leave must be taken within 56 weeks of the child’s death. 

Employee parents may also be entitled to statutory maternity, paternity and shared parental leave and pay if they meet the eligibility criteria. 

There is no specific statutory right to parental bereavement leave or pay for those who suffer pregnancy loss during the first 24 weeks of pregnancy.

WEC report 

On 15 January this year, the WEC published its report into miscarriage and bereavement leave. The report can be accessed here:  Equality at work: Miscarriage and bereavement leave.

The report set out 3 conclusions and 2 recommendations.

The key recommendation was the introduction of a statutory bereavement leave entitlement for miscarriages and pregnancy losses before 24 weeks of pregnancy.  This would include miscarriage, ectopic pregnancy, molar pregnancy, IVF embryo transfer loss and medical termination.

The WEC indicated that it would table amendments to the ERB and encouraged the Government to support those amendments. 

Government’s response

The Government published its response to the WEC report on 24 March 2025.

The response recognised that many experience pregnancy loss as a form of bereavement and the Government “expects good employers to be compassionate in these circumstances and to respond to their employees’ needs in a sensitive way.”

The Government also confirmed that it “accepts the principle of bereavement leave for pregnancy loss”.  

However during the ERB Report Stage in the House of Commons on 11 March, it did not support the WEC’s tabled amendments to permit two weeks’ bereavement leave and pay in cases of pre 24-week pregnancy loss.  Instead, the Government committed to further talks on this issue as the ERB headed to the House Of Lords. 

The third and final reading of the ERB in the Commons took place on 12 March and the ERB has now had its second reading in the House of Lords and is at Committee Stage. It therefore remains to be seen whether any changes to the ERB will be made to facilitate paid bereavement leave in early pregnancy loss cases despite the Government’s positive remarks in its response. 

The Government responded to the other conclusions and recommendations made by the WEC in its report. These included: 

• The Government should work with organisations including CIPD, ACAS and the TUC to promote pre 24-week pregnancy loss leave policies and strengthen guidance for managers, employees, and prospective employees. 

In its response, the Government recognised how important it was for employers and employees to know what was available to them but acknowledged that more could be done to highlight the good work of employers. The Government indicated it would work with the CIPD, ACAS and the TUC, to understand what can be done to highlight this work and investigate where existing guidance can be strengthened. 

• Sick leave is inappropriate and inadequate in the aftermath of a miscarriage or pregnancy loss.  It does not provide dignity and puts employees at high risk of discrimination.  The low rate of SSP means many employees cannot afford to take the time off they need. 

Whilst there was acknowledgement that for many women the period of bereavement after miscarriage is not sick leave and this classification can be seen as insensitive, the Government’s response did not specifically address the inadequacy of SSP.  Instead, it was indicated that SSP can be used for those who are unwell due to symptoms related to pregnancy loss before 24 weeks and are unable to return to work.  In terms of discrimination, the Government reiterated ACAS guidance that any sickness absence related to pregnancy should be recorded separately from other sickness absences and should not count towards any review or trigger points. It was also suggested that any less favourable treatment due to pregnancy could be challenged at the Employment Tribunal. 

• A baby loss certificate does not go far enough, and should be backed up by statutory support. 

The Government acknowledged that more could be done to support parents, which was why it had accepted “the principle of bereavement leave for pregnancy loss.”  Existing support was referred to, which included the National Bereavement Care Pathway (NBCP) that NHS trusts should follow when a patient has suffered a pregnancy or baby loss.  The Government said it would listen to women and their families, and learn lessons from recent inquiries and investigations, including the Pregnancy Loss Review, which was published in July 2023 and can be accessed here: Pregnancy Loss Review - summary report - GOV.UK.

Best practice

The Government’s response will be welcome to many, in particular to those individuals and families who have been touched by early pregnancy loss.  

However there will be some who remain sceptical about what, if any change(s) will be made to the ERB in the absence of a specific commitment to legislate, with the Government instead pledging to hold “further discussions.” 

It is hoped that current public interest in this issue may encourage more openness around what is often considered a very sensitive issue which is deeply personal to those affected.  

In the absence of any additional mandatory requirements at present, what should employers do to support staff?  

• Education – make sure HR and managers understand terminology and are trained to support staff in pregnancy loss situations. ACAS provides some basic guidance which can be accessed here: Stillbirth or miscarriage - Time off work for bereavement - Acas.

• Policy – establish a new policy or update existing policies which detail your organisation’s approach in pregnancy loss situations, including those which occur before 24 weeks.  Employers often do not detail information about pregnancy loss in their maternity and paternity leave policies for fear of causing upset.  But no matter how challenging it can be to write about this sensitive topic, it is important for organisations to communicate their approach and to ensure staff can access support if needed.  Appropriate trigger warnings could be used to mitigate unintended upset. 

• Entitlement – consider what paid leave you may want to offer staff in pregnancy loss situations.  The Pregnancy Loss Review recommended that NHS employees who experience a miscarriage in the first 24 weeks of pregnancy should receive up to 10 days’ additional paid leave and up to 5 days’ paid leave for their partners. Treating staff with dignity and respect goes a long way to raising staff moral and retention.  Without adequate paid leave, many staff are forced to return to work before they are physically and mentally ready which can lead to slower recovery times.  Permitting paid leave could therefore be beneficial for organisations, as it may discourage presenteeism, which is a huge issue for employers. 

• Openness – pregnancy loss, particularly early miscarriage, can be difficult for employees to disclose to their employer. In its report, the WEC stated that “ One of the drivers of poor provision for women and families who experience baby and pregnancy loss is the stigma and taboo associated with the subject.” Employers shouldthereforefoster a workplace with effective communication, where employees feel comfortable approaching managers in pregnancy loss situations, no matter at what point in the pregnancy the loss occurs. 

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The information in this article is necessarily of a general nature. The law stated is correct at the date (stated above) this article was first posted to our website.

Specific advice should be sought for specific situations. If you have any queries or need any legal advice please feel free to contact Wrigleys Solicitors.