5th March 2025 | Emma O’Meara | Employment, Bereavement leave, Miscarriage leave

This week, the Government have introduced significant changes regarding bereavement leave for parents experiencing a miscarriage. The Employment Rights Bill, which is expected to come into force next year, now includes provisions granting mothers and their partners two weeks of paid bereavement leave if they suffer a pregnancy loss before 24 weeks' gestation. This change follows the recent introduction of a baby loss certificate which allows parents to formally register the loss of a baby before 24 weeks of gestation. This voluntary certificate aims to recognise and acknowledge the devastating impact of early pregnancy loss, further supporting grieving families.

Currently, there’s no statutory bereavement leave for miscarriages occurring before 24 weeks of pregnancy. Employers are encouraged to offer compassionate leave, but there is no legal obligation to do so. In contrast, the loss of a child after 24 weeks’ gestation, including stillbirths, entitles parents to statutory maternity and paternity leave, as well as parental bereavement leave. ​

Key Changes in the Employment Rights Bill

The Employment Rights Bill, currently progressing through Parliament, aims to bolster worker protections across various areas. In addition to providing new bereavement leave for miscarriage before 24 weeks’ gestation, other key amendments include:

  • Day One Rights – The Bill introduces day-one rights to protection against unfair dismissal, allowing employees to challenge dismissals from their first day of employment.
  • Improved Sick Pay Provisions – Plans are in place to strengthen statutory sick pay by removing the lower earnings limit and eliminating the waiting period before payments commence.
  • Crackdown on Exploitative Practices – The Bill seeks to ban exploitative zero-hours contracts and end unfair “fire and rehire” tactics, aiming to provide more job security for workers.

These amendments reflect a broader commitment to improving employment standards and supporting workers during challenging times.​

Looking Ahead

The introduction of paid bereavement leave for miscarriages before 24 weeks represent a significant shift in acknowledging the emotional and physical impact of early pregnancy loss.

The Government is expected to bring the Employment Rights Bill into force next year, although precise timing remains subject to parliamentary schedules. Employers should stay informed about these developments to ensure compliance and provide appropriate support to affected employees.

If you have any queries about the Employment Rights Bill, or any other aspect of Employment law, please contact the team here,or using the details below. 

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