Calls for statutory miscarriage bereavement leave in Employment Rights Bill

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The Women and Equalities Committee (WEC) has called for a change in UK employment law to include statutory bereavement leave for women and partners who experience pregnancy loss before 24 weeks.

WEC Chair Sarah Owen announced the Committee’s intention to propose amendments to the Government’s Employment Rights Bill, urging Ministers to support the changes.

According to the report on which the recommendation is based, more than one in five pregnancies ends before 24 weeks, with around 20 percent of women likely to experience miscarriage during their reproductive lifetime. The emotional and physical impacts of pregnancy loss are found to be comparable to other forms of bereavement, affecting both women and their partners.

Sick Leave Insufficient for Pregnancy Loss

The report criticises current reliance on sick leave as inadequate for addressing the aftermath of miscarriage, as it fails to offer the confidentiality or dignity required during such a sensitive time, while also exposing employees to potential discrimination.

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Chair of the Women and Equalities Committee and Labour MP Sarah Owen, said, “Miscarriages and pregnancy losses can be devastating for women and their families with both emotional and physical consequences. As the data shows, such experiences are sadly not uncommon and yet current legislation has not caught up with this stark reality.

“I was not prepared for the shock of miscarrying at work during my first pregnancy. Like many women, I legally had to take sick leave. But I was grief stricken, not sick, harbouring a deep sense of loss.”

Low rates of Statutory Sick Pay also make it financially difficult for many affected individuals to take the necessary time off work. The report warns that this puts their mental health, wellbeing, and future work prospects at risk.

Government Action and Employer Engagement

While some employers have made progress in recognising miscarriage as a form of bereavement and introducing flexible leave policies, the report found notable gaps in employer-led provision. It also notes that even when policies are in place, they are not always well-promoted or understood by employees.

The Committee has called on the Government to collaborate with organisations such as the Chartered Institute for Personnel and Development (CIPD), the Advisory, Conciliation and Arbitration Service (Acas), and the Trades Union Congress (TUC) to promote the benefits of comprehensive miscarriage leave policies. Strengthening guidance and ensuring greater awareness among managers and employees is also recommended.

The proposed amendments to the Employment Rights Bill aim to extend entitlements similar to those currently available for stillbirth and child bereavement. These would cover employees who experience miscarriage, ectopic pregnancy, molar pregnancy, in vitro fertilisation (IVF) embryo transfer loss, and terminations for medical reasons.

Time to Grieve

The report acknowledges the efforts of some employers who have implemented policies offering generous and flexible paid leave for pre-24-week pregnancy losses. It notes that such policies benefit both employees and employers, with minimal associated costs. However, the WEC added that the case for a legal minimum standard to ensure consistent support across all workplaces is “overwhelming”.

Labour MP Sarah Owen added, “A period of paid leave should be available to all women and partners who experience a pre-24-week pregnancy loss. It’s time to include bereavement leave for workers who miscarry in new employment rights laws.

“WEC is calling on the Government to support our amendments, or bring forward its own, to ensure that all those who experience the physical and emotional pain and grief of pregnancy and baby loss are able to access the support they need.”

Alessandra Pacelli is a journalist and author contributing to HRreview, where she covers topics including labour market trends, employment costs, and workplace issues.

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