The heartbreak of pregnancy loss is something no family should have to face alone - and certainly not without compassion and practical support in the workplace.
under a proposed amendment to the Employment Rights Bill, Parliament announced that they will give those experiencing pregnancy loss at any stage the legal right to take time off work to grieve. In an important move for employees’ rights, parents who suffer a miscarriage before 24 weeks will soon be entitled to statutory bereavement leave.
The previous rule – and what’s changing?
Currently, UK law provides statutory parental bereavement leave only to parents who lose a child after 24 weeks of pregnancy (stillbirth) or after birth. This means parents experiencing early pregnancy loss have no automatic right to paid time off to grieve - leaving many having to use sick leave or annual leave instead.
The new amendment, announced earlier this month by Deputy Prime Minister Angela Rayner, will close this gap. It proposes to give parents at least one week of paid bereavement leave if they experience miscarriage before 24 weeks. The exact amount of leave and how it will be implemented is under consultation, but the clear aim is to give grieving parents space and time without the added worry of work demands.
A short history of bereavement and compassionate leave in the UK
Until relatively recently, the UK did not have a clear statutory right to bereavement leave at all. Instead, time off for a death in the family was traditionally granted at an employer’s discretion, often called compassionate leave, and was not a statutory entitlement.
In April 2020, the Parental Bereavement (Leave and Pay) Act 2018 came into force, creating a legal right for employed parents to take up to two weeks of paid leave following the death of a child under 18 or a stillbirth after 24 weeks of pregnancy. This was widely recognised as an important step - but campaigners have long argued it did not go far enough to cover the heartbreak of early miscarriage.
The new miscarriage leave amendment is a response to that gap and part of a growing recognition that pregnancy loss at any stage has profound emotional and physical effects.
Why this change matters
Miscarriage affects around 1 in 4 pregnancies, yet it has been largely invisible in employment law until now. Many grieving parents have faced the prospect of returning to work almost immediately, with no statutory right to time off to recover, grieve, or attend medical appointments.
Labour MP Sarah Owen, who has bravely spoken about her own experience of miscarriage, has campaigned for this change. Vicki Robinson, Chief Executive of the Miscarriage Association, called the move a “significant step forward in recognising the true impact of early pregnancy loss.”
At Coles Miller, we know every statistic endured as a family. We are here to make sure employees are treated with dignity, and employers know exactly how to comply with the law sensitively and correctly.
Deputy Prime Minister Angela Rayner said of the legal update:
“No one who is going through the heartbreak of pregnancy loss should have to go back to work before they are ready.
“I am proud that this Government is introducing a day one right to protected time off work after experiencing pregnancy loss, giving people time away from work to grieve and spend time with their families.”
Changes that now need to happen
While this change in the law is welcome, it raises important questions for employers and employees:
Employers will need to review their employment policies, staff handbooks and HR practices to make sure they comply with the new rules as soon as they come into force.
- Employees need to understand their rights - not only for bereavement leave but also how pregnancy loss may interact with sick pay, discrimination protection, and compassionate leave.
- Families may need advice on related issues such as maternity pay, time off for medical appointments, or support returning to work.
Our Employment Law team at Coles Miller Solicitors is here to help both employers and employees understand these changes. We can review policies, draft new procedures, advise on difficult situations and ensure your rights - or your employees’ - are protected with care and sensitivity.
How can Coles Miller help?
At Coles Miller, we understand the complexities of employment law and how new regulations can impact businesses. Our specialist employment law solicitors can help both employees and employers.
Whether you’re managing a large team or simply want to understand your rights as an employee, we're here to support you with practical, expert legal advice.
