The WEC committee proposed yesterday (15 January) that women who have experienced a miscarriage before 24 weeks of gestation, as well as their partners, should be eligible for this leave so that they can mourn the loss of their baby.
Around 250,000 people, or one in five pregnancies, miscarry before 24 weeks every year in the UK, according to the committee.
“Because there is such a big gap in statutory provision to support employees who have experienced pregnancy or baby loss before 24 weeks, this reform would be a significant improvement,” Rachel Suff, the CIPD's senior employee relations adviser, told HR magazine.
The current legislation means that women who have a stillbirth after 24 weeks of pregnancy are eligible to take two weeks of paid leave, but MPs are now calling for this to be extended to those experiencing early baby loss, under the Employment Rights Bill.
Whether this goes far enough depends on individual circumstances, Amy Pressland, talent and development manager at healthcare provider Benenden Health, commented.
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Speaking to HR magazine, she said: “Every miscarriage is devastating and unique to the woman experiencing it.
“The proposed two weeks of miscarriage leave is a good starting place; however, employers should treat every woman's miscarriage individually and provide support according to her needs, and early in the pregnancy, not just at 24 weeks or more.”
Two fifths (42%) of women reported that they wanted further support for pregnancy loss, according to Benenden Health’s Gender Health Gap report, published in February 2024.
However, employers should not treat miscarriage leave as a women-only issue, Pressland warned.
She noted: “HR professionals need to treat this as a people issue, not a women's issue. Most importantly, they need to role model showing empathy to any impacted woman, so that they build trust and a culture of empathy and care for all.”
The WEC committee noted it would table amendments to the Employment Rights Bill, which is not set to come into force until late 2026.
The Bill also contains provisions for a minimum of one week of bereavement leave for “other loved ones”, but currently omits mention of an extended baby loss leave.
If the amendment is legislated, employers will need to ensure they have guidance or a policy to ensure they are compliant with the legal requirements, Suff noted.
She continued: “Employers would need to ensure that their policies are compliant with the changes, and that line managers understand how to support employees in line with their statutory entitlements.
“Having guidance or a policy that outlines the framework of support available for pregnancy/baby loss could help to raise awareness among employees and send a positive message on this important wellbeing topic.”
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HR leaders and managers would need to ensure they are fully trained on new policies and communicate these with employees, Kate Palmer, employment services director at HR consultancy Peninsula, told HR magazine.
She said: “Employers would need to build the new entitlement into their systems and ensure that their managers and HR teams are fully aware of it in order to ensure swift and smooth communications with employees about their rights at the time in question, which is likely to be a time when employees will appreciate good, clear communication from their employer.
“Workplace policies on time off would need to be reviewed and updated.”
Employers looking to get ahead of the changes could provide enhanced baby loss policies or support, Palmer added.
She continued: “Many employers already provide enhanced schemes which offer a variety of support mechanisms in the event of a miscarriage.
“Other employers wishing to provide this can devise a policy offering a minimum period of time off. They should also consider other policy inclusions like being able to easily signpost employees to professional or tailored support such as baby loss charities or counselling services, whether that be in-house or external, offering a phased return to work or adjusted duties for a temporary period on their return.”
