
Employment law
Bereavement leave to be extended for miscarriages up to 24 weeks
Peter Byrne, head of employment at Slater and Gordon, shares his insight into the planned law change to better support bereaved expectant parents
Today has seen the announcement that the Employment Rights Bill is to be amended to provide further support to those who sadly lose their child during pregnancy. As the law presently stands, bereavement leave is only available to parents who lose an unborn child after 24 weeks of pregnancy.
The Deputy Prime Minister, Angela Rayner, announced the proposed change, that will “give people time to grieve”. "No one who is going through the heartbreak of pregnancy loss should have to go back to work before they are ready," Rayner said.
Parents are currently entitled to a fortnight's leave if they suffer pregnancy loss after 24 weeks, or if a child younger than 18 dies. The extended right to leave will be for "at least" one week, though the exact length is still being consulted on. At present, only sick leave or the taking of holiday entitlement are available to those sadly affected.
This is clearly a step forward, acknowledging the emotional element of a miscarriage, and hopefully will reduce the anxiety-inducing feeling of going back to work when still grieving loss.
One of the main advocates for the change was Labour MP Sarah Owen, chair of the Women and Equalities Committee, who has been a vocal advocate for this change, drawing on her personal experience with miscarriage to illustrate the deep and lasting impact of such loss. Speaking to fellow Members of Parliament in 2021, Owen described the debilitating effects of grief, extending beyond the physical recovery to encompass profound emotional distress – loss of appetite, insomnia, and a sense of hopelessness.
This has to be a step forward acknowledging both the physical and emotional impact of a miscarriage, which according to statistics , early pregnancy loss affects one in four pregnancies.
We are here to help
If you feel your employer is treating you unfairly or is not willing to offer you the parental bereavement leave, you are entitled to, then it is important to speak to an employment lawyer to discover what your next steps are to ensure you have access to your rights.
Our experts know that the loss of a child is extremely difficult, both physically and emotionally, and we are on your side to ensure that your employer is treating you fairly and granting your rights to time off work to grieve your loss. If you feel you have been discriminated against or that your rights are being ignored, contact us today on 0330 041 5869 or online here.



