How will the proposed extension to bereavement leave for pregnancy loss impact employment?

The UK Government has announced the long-awaited amendment to the Employment Rights Bill to extend bereavement leave to include pregnancy loss before 24 weeks. Currently, statutory bereavement leave is available to parents who experience a stillbirth after 24 weeks of pregnancy or who lose a child under 18. Parents who experience earlier pregnancy losses must rely on other forms of leave such as sick , annual leave, or unpaid leave.

The Employment Rights Bill is currently working its way through Parliament and is expected to receive Royal Assent in September/October 2025. The new right is expected to come into force in 2027.

The proposed extension to bereavement leave will give parents the right to take time off work to grieve a pregnancy loss. “Pregnancy loss” is widely defined in the proposed amendment to the Employment Rights Bill to cover: miscarriage; an ectopic pregnancy; a molar pregnancy; a medical termination; and an unsuccessful embryo transfer after IVF.

The right will be a legal entitlement for eligible employees. It has been initially proposed to last at least one week and to be unpaid. Eligibility criteria and exact leave duration are still under consultation. Some campaigners and commentators consider that the leave should be paid and extended to two weeks.

Parents are currently entitled to two week’s leave if they suffer pregnancy loss after 24 weeks, or if a child younger than 18 dies. They can also be 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.

Implications for employees

The proposed extension is expected to give employees essential time to recover physically and emotionally following pregnancy loss. It establishes a clear statutory right to time off, removing the current dependence on employer discretion or the need to use other forms of leave, such as annual or sick leave.

However, the fact that the leave is currently proposed to be unpaid may limit its effectiveness, especially for employees who cannot afford to take unpaid time off, even when their physical or mental health requires it. Without financial support, the intended protection may not fully benefit those most in need.

Implications for employers

Employers will need to ensure they are aware of the new right and review their policies and practices accordingly. Drafting and implementing a miscarriage policy is considered to be good practice and will help provide clarity and consistency across the organisation

It is important to inform staff about the policy, where it can be found within the organisation, and how to access the leave.

Employers may also wish to consider offering paid leave. They should also manage absences and leave with compassion and flexibility. Providing access to support services such as counselling or mental health resources can further support affected employees.

If you have any questions or concerns about bereavement pay, please contact employment lawyer Emma Clark.