Government announces expansion of rights to bereavement leave for those who experience pregnancy loss.

Families who experience pregnancy loss before 24 weeks are set to become entitled to protected bereavement leave, under new amendments to the Employment Rights Bill announced today (Monday 7 July).

The measures will give those experiencing pregnancy loss at any stage the legal right to take time off work to grieve. Until now, statutory Parental Bereavement Leave has only been available to parents who lose a child under 18 or experience stillbirth after 24 weeks of pregnancy.

Parents are eligible for two weeks’ statutory parental bereavement pay – either £187.18 a week or 90% of average weekly earnings, whichever is the lower – if they have been working for their employer for at least 26 weeks. The proposed extended right to leave would be unpaid and last for at least one week, though the exact length is still being consulted on.

Further details – including who will be eligible and whether a doctor’s note would be required – will also be decided following a consultation.

Business Secretary Jonathan Reynolds said:

“For many families including mine that have been affected by pregnancy loss, the decision around returning to work or taking sick leave to grieve properly can make an already painful experience even more difficult.

Grief doesn’t follow a timetable, and expanding rights to leave for pregnancy loss will ensure every family gets the time they need to heal without worrying about their job.

Our Plan for Change is making a difference for hardworking people across the UK. Today’s amendments are the next step in delivering the dignity and respect that they deserve.”

Deputy Prime Minister Angela Rayner said:

“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.”

Sarah Owen MP, Chair of the Women and Equalities Select Committee, said:

“From my personal experience of miscarriage to the powerful testimony the Women & Equalities Select Committee heard, I know the difference that bereavement leave will make.

It is a bold and necessary move from this Government to see the UK become one of only a handful of countries in the world to recognise pregnancy loss as a bereavement and give workers the right to take time off to grieve.

Nothing will ever take away the pain of losing a pregnancy, but this law change will provide workers with the security of time to grieve and help end the stigma of miscarriage for good.”

Vicki Robinson, CEO of the Miscarriage Association, said:

“We welcome today’s announcement that, for the first time, miscarriage and other types of pregnancy loss will be formally recognised as bereavement and those affected will have the legal right to take time off work to start to grieve and heal. This is a hugely important step that acknowledges the often very significant impact of pre-24-week loss, not only for those experiencing the physical loss, but for their partners, too.

We’ve been pleased to contribute to the Government’s decision making on this issue and are encouraged that our views, and those of our community, have been heard loud and clear – that pregnancy loss can be experienced as a bereavement like any other.

This positive outcome reflects the strength of our Leave for Every Loss campaign, the dedication of Sarah Owen MP, and the efforts of our partner organisations and individuals who have worked tirelessly for change.

We remain committed to working with the Government as the legislation progresses, to help ensure the new provisions meet the needs of everyone affected by pregnancy loss and support employers in implementing these vital changes.”

Dr Clea Harmer, Chief Executive of Sands, said:

“We welcome amendments to the Employment Rights Bill to include leave for pregnancy loss before 24-weeks.

Families tell us how important it is to have the time they need after pregnancy and baby loss, and statutory leave for all employees, including partners, will help to provide this.

We now look forward to a thorough consultation involving families affected by losses before 24 weeks.”

Nursing union, the RCN hailed the ‘significant changes’ to the Employment Rights Bill on bereavement, as well as restrictions on NDAs, also announced this week. General Secretary and Chief Executive Professor Nicola Ranger, said:

“These are significant victories for our campaigning, on behalf of a female-dominated profession, for a fairer and more compassionate society. Extending bereavement leave to those who have been through pregnancy loss and separate and greater restrictions being placed on the use of non-disclosure agreements (NDAs) are vital amendments to the Bill and the RCN has fought hard for these.

Statutory bereavement leave being established for pregnancy loss gives those grieving the dignity that they deserve. This is rightfully going to be in place for all who suffer a loss before 24 weeks and has been a key RCN demand for the Bill.

Greater restrictions being placed on the use of NDAs is also a vital step to ensure victims of harassment, abuse, bullying, and other unacceptable workplace behaviour aren’t silenced.

The Employment Rights Bill is a vital extension of workers’ right that nursing staff need and deserve. We will continue to push the government to strengthen the Bill and ensure nursing staff’s voice is at the heart of this agenda.”