Parents who experience a miscarriage before 24 weeks of pregnancy will gain a new legal right to bereavement leave under proposals to amend the Employment Rights Bill.
The Government plans to expand the current law, which only entitles parents to bereavement leave following pregnancy loss after 24 weeks. Under the planned changes, parents will be allowed time off work to grieve at any stage of pregnancy loss.
Deputy Prime Minister Angela Rayner said the change would help parents during an extremely difficult time. “No one who is going through the heartbreak of pregnancy loss should have to go back to work before they are ready,” she stated.
Currently, bereavement leave is limited to two weeks for parents who lose a child after 24 weeks of pregnancy or following the death of a child under 18. Those entitled to leave may also qualify for statutory bereavement pay of £187.18 per week or 90 percent of their average weekly earnings, whichever is lower, if they have worked for their employer for at least 26 weeks.
Consultation on details of new leave entitlement
Under the new proposals, the additional leave following early pregnancy loss would be unpaid and is expected to last at least one week. However, the exact length and eligibility criteria are still being considered. The government has indicated that further details, such as whether a medical certificate will be required, will be addressed in a formal consultation process.
The Employment Rights Bill, which contains wider provisions to protect employees’ rights to take time off to grieve, is currently progressing through Parliament.
Liz Stevens, professional support lawyer at Birketts LLP, told HR review that the amendment was widely anticipated.
“This amendment to the Employment Rights Bill was widely anticipated, following recommendations of the Women and Equalities Committee and previous debates on the Bill during its passage through Parliament,” she commented.
“At present it appears that the Government’s intention is for the extended right to take leave following early pregnancy loss to be unpaid, with any pay to be at the employer’s discretion,” she added, warning that the unpaid nature of the new leave may discourage some employees from using it unless employers choose to provide additional pay.
Implementation expected in 2027 with further consultation
The government’s recently published implementation roadmap suggests that this new leave right will take effect in 2027. It is expected to be introduced alongside the planned day-one right for employees to take unpaid bereavement leave following the death of a loved one.
Stevens said employers would need to prepare for the change once the final details are confirmed. “Once the details of the new right are confirmed, employers will need to review their own internal policies relating to bereavement or compassionate leave, and decide whether to provide any payment for the extended statutory right to take leave,” she explained. “It will also be important for managers to understand how to deal with bereaved employees and respond to requests to take bereavement leave, which could include training in handling sensitive conversations with employees at a time of significant distress.”
Kate Palmer, Employment Services Director at employment law firm Peninsula, called for employers to get ahead of the new legislation.
“Whilst the Government’s roadmap for delivering change suggests this entitlement won’t come into effect until 2027, employers may want to consider their current bereavement leave policies to see how they align with the proposed changes,” Palmer said. “As with any loss, employers should ensure their employees can easily access and understand their entitlements during difficult times, alongside being aware of any additional support available to them.”
