Pregnancy loss is not something an employee should simply be expected to leave at the workplace door.
The Government has confirmed a significant change to employment rights which will give greater recognition to the impact pregnancy loss can have on workers and their families.
From April 2027, employees who experience pregnancy loss before 24 weeks will be entitled to up to two weeks of unpaid bereavement leave. The protection will include miscarriage, terminations and unsuccessful IVF embryo transfers, and will extend to eligible partners as well as the person who experiences the pregnancy loss.
For many workers, this represents an important change.
What happens currently?
At present in England, Scotland and Wales, there is no specific statutory bereavement leave entitlement for a pregnancy loss before 24 weeks.
Employees may instead need to rely on pregnancy related sick leave, annual leave, compassionate leave offered by their employer, or an agreement to take unpaid leave. Pregnancy related sickness following a miscarriage also has particular employment protections and should be treated differently from ordinary sickness absence in certain circumstances.
That can leave employees trying to understand workplace policies and employment rights while also dealing with the physical and emotional impact of pregnancy loss.
The new entitlement will establish a statutory minimum.
What will change from April 2027?
Under the Government’s announcement, workers experiencing pregnancy loss before 24 weeks will be able to take up to two weeks of unpaid leave.
The entitlement is expected to cover:
- miscarriage before 24 weeks
- termination of a pregnancy
- unsuccessful IVF embryo transfers
- the person experiencing the pregnancy loss
- eligible partners and, in certain circumstances, intended parents
The leave will be capable of being taken within 56 weeks of the loss and employees will not be required to provide medical evidence to access the entitlement, according to information published following the announcement.
This is an important distinction. Pregnancy loss is deeply personal, and workers should not be placed in the position of having to unnecessarily prove their grief simply to access time away from work.
Why does recognising pregnancy loss at work matter?
Pregnancy loss can have physical, emotional and psychological consequences, and everybody experiences it differently.
Some employees may want to return to work relatively quickly. Others may need considerably more time or additional support when they return.
There should not be an expectation that somebody can experience pregnancy loss and simply continue working as though nothing has happened.
Creating a statutory right to leave provides a clearer minimum level of protection and formally recognises pregnancy loss within employment rights.
It is also important to recognise that the new entitlement will be unpaid. Pregnancy loss organisations have welcomed the recognition while continuing to argue that paid leave would offer stronger protection, particularly for workers who cannot afford to take unpaid time away from work.
Knowing your rights matters
Having employment rights written into law is important. Knowing how to use those rights is just as important.
Workers dealing with pregnancy loss may need to navigate conversations with managers, absence procedures, sickness policies, compassionate leave, flexible working arrangements or their return to work. This is where being a trade union member can matter. We can help you understand the workplace policies available to you, support you when speaking to your employer and provide representation where workplace concerns arise. You do not have to wait until a situation becomes difficult before speaking to your union.
For additional support following pregnancy loss, there are organisations and healthcare professionals who can help. Tommy’s provides trusted information and support for people affected by miscarriage, fertility difficulties and baby loss. You can also speak to your GP, fertility clinic, midwife or healthcare team if you are concerned about your physical or emotional wellbeing.
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