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Case for statutory miscarriage leave ‘overwhelming’, say MPs

by Benefits Expert
15/01/2025
Miscarriage, bereavement loss
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MPs and the CIPD have called for miscarriage bereavement leave to be included new employment laws as a report from the government’s Women and Equalities Committee (WEC) found that the case for introducing it is “overwhelming”

Paid leave should be available to all women and partners who experience a pre-24-week pregnancy loss, the WEC report said.

The change, outlined in the report titled ‘Equality at work: Miscarriage and bereavement leave’, would align employment law with existing leave for employees that suffer baby loss after 24 weeks. 

Evidence in the report shows that the impacts of losing a pregnancy before and after 24 weeks are very similar in terms of bereavement and the effect it may have on people’s working lives.

As a result of this finding, MPs on the select committee said progress towards recognising the grief of women and their families “does not go far enough”.

Data in the report showed that more than one in five pregnancies end before 24 weeks and around one in five women will have a miscarriage.

MPs said that using sick leave following a miscarriage or pregnancy loss was “inappropriate and inadequate”. They said sick leave does not offer women adequate confidentiality or dignity and puts them at high risk of employment discrimination.  

In addition, the low rate of statutory sick pay means many women and their partners cannot afford to take the time off they need, which puts their wellbeing and work prospects at risk.

MPs acknowledged employers’ progress in recognising the impact a miscarriage can have but added: “substantial gaps in employer-led provision remain”.

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Sarah Owen, chair of the WEC, 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.

“The committee’s report found many private sector employers, plus the NHS, the largest public sector employer of women, are successfully offering paid bereavement leave for those who miscarry, but provision is not universal.”  

Owen said the case for a minimum standard in law is “overwhelming”, adding that 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,” she said.

Rachel Suff, senior employee relations adviser at the CIPD, said: “Pregnancy loss and miscarriage affects many people across the UK, and workplace support can make a real difference to employees during an extremely difficult time. Employer support can be invaluable for those dealing with the physical and mental wellbeing impacts of this loss and grief, including partners, and employers should manage absence and leave with compassion and flexibility.

“We’re very supportive of the WEC’s focus on this important area and echo its calls to provide paid leave to women and partners experiencing pregnancy loss before 24 weeks, which is currently a gap in the Employment Rights Bill.

“We were pleased to have the opportunity to share our evidence and guidance with the WEC for their report, highlighting the importance of bereavement leave for pregnancy loss and miscarriage. Those affected shouldn’t have to suffer in silence, and it’s essential that employers take their duty of care seriously.”

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