You would think that this would never need to be said: “Grief doesn’t end when someone returns to work,” but there’s still a stigma that exists in many workplaces when it comes to pre-24-week pregnancy loss.
For many, the physical and emotional impact continues long after the initial loss, while the demands of everyday working life carry on as though nothing has happened, and many employers miss these issues.
Imagine having to return to work while still attending medical appointments, recovering physically or coming to terms with the loss of a pregnancy. Your partner may be grieving, too.
Yet whether either of you can take time away from work could depend on your employer’s policies, your remaining annual leave or, quite simply, whether you can afford to lose part of your income.
The Government’s recent announcement of new bereavement leave rights for employees experiencing pregnancy loss before 24 weeks therefore represents an important change.
From April 2027, eligible employees are expected to gain access to up to two weeks of statutory leave, recognising a loss that has too often gone unacknowledged in the workplace.
My own losses were over a decade ago now, but seeing this recognition become a reality brought a kind of healing that I didn’t even realise I still needed after all this time. For far too long, society has failed to acknowledge a loss that so many people experience, often in silence.
This recognition is an important and deeply meaningful step in the right direction, but there is still so much more to be done to ensure that every loss is seen, every experience is acknowledged, and everyone affected feels heard and supported.
What is changing for pregnancy loss leave in April 2027?
The Government’s announcement on 22 September 2026, extending bereavement leave rights to those who experience pregnancy loss before 24 weeks, is a significant and long-overdue milestone.
As of April 2027, employees who experience a pregnancy loss before 24 weeks, including miscarriage, ectopic pregnancy, molar pregnancy, termination of pregnancy and unsuccessful IVF embryo transfers, will be entitled to up to two weeks of statutory bereavement leave.
The broad scope of this definition is important feature of the legislation, recognising the diverse circumstances in which pregnancy loss can occur and extending legal protection to a wider range of experiences.
Importantly, this entitlement will also extend to partners and intended parents in certain circumstances. This marks the first time that pregnancy loss before 24 weeks has been formally recognised in Great Britain’s employment legislation as a bereavement deserving of protected time away from work to grieve.
The changes form part of the Employment Rights Act 2025, with further regulations expected to bring the entitlement into force in April 2027. They will apply across Great Britain (England, Scotland and Wales).
Northern Ireland has separate legislation, which extended parental bereavement leave and potential statutory pay to eligible employees affected by pregnancy loss from 6 April 2026.
For many years, there has been a stark inconsistency within the law. Parents who experienced a stillbirth after 24 weeks of pregnancy were entitled to leave, while those who suffered the loss of a pregnancy before that point had no equivalent statutory protection. Yet grief does not begin at 24 weeks.
The emotional impact of losing a much-wanted pregnancy can be devastating regardless of gestation. Campaigners, charities and bereaved families have long argued that pregnancy loss should be recognised as a bereavement in its own right, and this announcement finally acknowledges that reality.
What will employees actually be entitled to?
Beyond the headline announcement, several practical provisions are particularly important for employees and employers to understand.
Under the Government’s confirmed plans, pregnancy loss bereavement leave will be a day-one employment right, meaning eligible employees will not need to complete a qualifying period of service before accessing it.
The forthcoming entitlement will include:
- Up to two weeks of statutory unpaid bereavement leave following a qualifying pregnancy loss.
- Flexibility to take that leave within 56 weeks, including as individual days rather than one continuous period.
- More flexible notification requirements during the first eight weeks following the loss, with employees only required to inform their employer as soon as reasonably practicable.
- No requirement for employees to provide evidence of their pregnancy loss.
- Statutory protection against detriment or dismissal for exercising their right to take bereavement leave.
- Where more than one pregnancy loss occurs, the entitlement will apply separately to each loss.
These arrangements were confirmed in the Government’s response to its bereavement leave consultation, published on 22 September 2026, although the entitlement will not become operational until the relevant secondary legislation takes effect.
The decision not to require employees to provide evidence is particularly significant. Pregnancy loss is an intensely personal experience, and requiring someone to substantiate that loss to access bereavement leave could add unnecessary distress at an already difficult time.
What rights do employees have before April 2027?
Until the new entitlement takes effect, employees in Great Britain experiencing pregnancy loss before 24 weeks do not have an automatic statutory right to parental bereavement leave. However, this does not mean they are without existing employment law protections.
Depending on their circumstances, employees may be able to access contractual compassionate leave, an employer’s pregnancy loss policy, annual leave or sickness absence where they are medically unfit to work. Some employers already provide enhanced paid leave specifically for pregnancy loss.
There are also important discrimination considerations. Acas advises that sickness absence following pregnancy loss before 24 weeks is likely to be regarded as pregnancy-related sickness where it applies to the person who was pregnant.
Employers should record this separately from ordinary sickness absence and should not count it towards standard absence review or trigger points. Unfavourable treatment connected with pregnancy-related absence may amount to pregnancy and maternity discrimination under the Equality Act 2010.
Employees should therefore check their employer’s existing policies and seek appropriate advice if they believe they have been treated unfairly following pregnancy loss.
Why flexibility is important when grieving a pregnancy loss
One of the most welcome aspects of the new entitlement is the flexibility built into the scheme. The leave will not have to be taken immediately following the loss.
Instead, employees will be able to take the leave within 56 weeks of their pregnancy loss, either as a continuous period or in separate blocks. This reflects a much deeper understanding of the nature of grief and the fact that bereavement does not follow a predictable timeline.
Anyone who has experienced pregnancy loss, or supported someone through it, knows that grief can emerge in unexpected ways and at unexpected times. For some, the immediate aftermath is consumed by medical appointments and practical arrangements.
The true emotional impact may not be felt until weeks or months later. Significant dates such as due dates, anniversaries, fertility treatment milestones, Mother’s Day, Father’s Day or Christmas can bring fresh waves of grief.
Allowing employees to take their leave at a time that best supports their wellbeing demonstrates compassion and recognises the reality that grief is not something that can be neatly confined to a two-week period immediately following a loss.
It is encouraging to see the law moving away from a rigid, one-size-fits-all model and towards an approach that acknowledges the individuality of bereavement.
I experienced each of my three losses very differently, with each following its own timeline. I am therefore particularly pleased that this element has been recognised and addressed.
Pregnancy loss affects partners and families, too
Perhaps the most important aspect of the announcement, however, is the recognition itself. For far too long, pregnancy loss before 24 weeks has existed in an uncomfortable legal and societal grey area.
Many individuals and couples have found themselves returning to work while carrying the weight of profound grief, often feeling that their loss was minimised or misunderstood because it occurred “too early” in pregnancy.
The new legislation sends a powerful message that every pregnancy loss matters and that the grief following such a loss is real and deserving of recognition.
This recognition extends beyond those who physically experience the loss. By including partners and intended parents, the Government has acknowledged that pregnancy loss affects entire families.
Too often, partners describe feeling overlooked in conversations about baby loss, despite experiencing their own grief while supporting the person who has undergone the physical and emotional trauma of the loss. Extending the entitlement to partners is therefore another important and compassionate step forward.
The Government has confirmed that the forthcoming entitlement will also cover the other biological parent and intended parents in surrogacy arrangements, subject to the statutory eligibility provisions.
It is an important acknowledgement that the impact of pregnancy loss is not confined to one individual, nor does every family experience pregnancy or parenthood in the same circumstances.
The fundamental problem: Pregnancy loss leave will be unpaid
However, while this development deserves celebration, it is equally important to acknowledge that it does not go far enough.
The most significant limitation of the new entitlement is that it will be unpaid. While employees will have a legal right to take time away from work, there will be no statutory requirement for employers to pay them during that period.
For some individuals, particularly those working for employers with enhanced family-friendly policies, this may not present a problem. Many employers already provide paid compassionate or pregnancy loss leave and will hopefully continue to do so. But for countless others, the reality is very different.
This is precisely why, in April 2025, I launched my own petition calling on the Government to introduce two weeks of paid bereavement leave for parents experiencing pregnancy loss before 24 weeks.
While I welcome the recognition that the forthcoming legislation brings, my position has always been that time away from work and financial support should go hand in hand. The right to grieve should not depend on whether someone can afford to lose their income.
The Government has now taken an important step towards addressing the first part of that challenge. But the absence of statutory pay means the central concern behind my petition remains unresolved.
Unpaid leave is only meaningful if people can afford to take it.
Could unpaid pregnancy loss leave create a two-tier system?
The concerns surrounding unpaid pregnancy loss leave are supported by evidence of existing inequalities in workplace support.
In its Miscarriage in the UK: A State of the Nation research, Miscarriage UK (formerly the Miscarriage Association) surveyed more than 1,000 individuals affected by pregnancy loss before 24 weeks, including partners, about experiences of losses occurring between January 2022 and June 2025.
Of those responding to its questions about workplace leave, 69% reported accessing paid leave following their pregnancy loss, while 9% took unpaid leave and 10% were unable to take any leave at all. A further 7% used a combination of paid and unpaid leave.
The report also identified instances of employees having to use annual leave or having pregnancy-related absence recorded in ways they considered unfair.
Although this was a self-selecting survey rather than a nationally representative workforce study, its findings illustrate the differences in the support available to people experiencing pregnancy loss.
At a time when many households are already facing financial pressures, losing two weeks’ income may simply not be an option. Employees on lower incomes, those in insecure work, those living pay cheque to pay cheque, or single-income households may find themselves having to choose between grieving and paying their bills.
A legal right that cannot realistically be exercised by everyone risks creating a two-tier system, where access to time to grieve depends on financial circumstances rather than need.
This is particularly concerning given that the Government has rightly recognised pregnancy loss as a bereavement.
If the principle is accepted that pregnancy loss deserves statutory protection because of its profound emotional impact, it becomes difficult to justify why that protection stops short of providing financial support during the period of leave. Grief does not discriminate by income, and neither should access to bereavement leave.
What should employers do before April 2027?
While the introduction of statutory pregnancy loss leave will establish new minimum legal protections, employers do not need to wait until April 2027 to consider how they support employees affected by pregnancy loss.
In fact, this announcement presents an important opportunity for organisations to review their existing compassionate leave, sickness absence and pregnancy loss policies, particularly where those policies do not adequately recognise losses occurring before 24 weeks.
Employers should consider whether their current arrangements provide meaningful support to employees and their partners, including:
- Reviewing pregnancy loss policies: Making clear what leave is available, who can access it and whether it is paid, while accounting for different types of pregnancy loss and family circumstances.
- Considering enhanced paid leave: Exploring whether contractual paid pregnancy loss leave can be introduced rather than relying solely on the forthcoming unpaid statutory minimum.
- Training managers: Equipping those responsible for people management to approach pregnancy loss sensitively, without inappropriate questioning, assumptions about recovery or pressure to return to work prematurely.
- Protecting employee confidentiality: Respecting the intensely personal nature of pregnancy loss and limiting the disclosure of information to those who genuinely need to know.
- Supporting the return to work: Considering temporary changes to working arrangements, phased returns, medical appointments and appropriate ongoing support, according to individual circumstances.
- Signing the Miscarriage UK Pledge: This is a meaningful way to demonstrate your support and commitment, while clearly communicating to employees the compassionate and supportive workplace culture you aspire to create.
Employers should also be particularly mindful of how pregnancy-related sickness absence is recorded and managed. Applying ordinary sickness absence triggers without accounting for existing pregnancy and maternity protections may expose an organisation to discrimination claims.
Acas already recommends that employers consider appropriate time off following pregnancy loss, alongside practical arrangements that support employees returning to work. The forthcoming legislation provides another reason to examine whether existing workplace policies reflect that guidance.
There is also an existing example of how employers can go further. In March 2024, NHS England introduced a national pregnancy and baby loss policy framework recommending up to 10 days of additional paid leave for employees experiencing pregnancy loss before 24 weeks and up to five days for their partners.
This demonstrates that employers can establish more substantial support without waiting for statutory paid pregnancy loss leave to become a legal requirement.
Ultimately, statutory compliance should represent the minimum standard rather than the limit of an employer’s response. An organisation can recognise pregnancy loss within its policies today, irrespective of when the new entitlement becomes legally enforceable.
Recognition is only the beginning
That is why this announcement should be seen not as the end of the campaign, but as the beginning of the next chapter. The law now recognises pregnancy loss before 24 weeks as a bereavement.
That achievement should not be understated. It represents a cultural shift in how society understands and acknowledges pregnancy loss. But recognition alone is not enough. The next step must be ensuring that all those affected can access this leave without suffering financial hardship.
There is already an example of legislation going further. Since 6 April 2026, Northern Ireland has provided eligible employees experiencing pregnancy loss before 24 weeks with access to parental bereavement leave and statutory bereavement pay, subject to the relevant eligibility requirements.
Although the legislative arrangements differ, Northern Ireland demonstrates that statutory pregnancy loss leave and financial support can form part of the same employment rights framework.
Pregnancy loss leave: Why I am continuing the campaign for paid leave
We must continue to build on this momentum and keep pressure on policymakers to introduce paid pregnancy loss bereavement leave. Doing so would mean that support is available not only in theory, but in practice, so that no one is forced back to work before they are ready simply because they cannot afford to take time away.
This is why my petition, Two Weeks Bereavement Leave AND Pay for Parents Experiencing Pregnancy Loss Before 24 Weeks, remains so important.
When I launched it in April 2025, I wanted to challenge the lack of meaningful employment protection for parents experiencing pregnancy loss and call for legislation that recognised both the emotional and financial implications of bereavement.
The Government’s announcement is a significant development, and one that deserves recognition. However, it does not fully address what my petition is calling for. Statutory protection without statutory pay still leaves grieving employees facing a decision that nobody should have to make.
This is not about diminishing the progress that has already been made. It is about recognising that there is still more to achieve.
Organisations such as Miscarriage UK have also been instrumental in campaigning for change through initiatives including Leave for Every Loss, and their continued work deserves recognition. There is an opportunity to build on that collective momentum and make paid pregnancy loss leave the next priority.
This reform is a victory for compassion, for recognition and for the countless campaigners who refused to accept that pregnancy loss should be invisible.
But true progress will only be achieved when every person experiencing pregnancy loss is given both the time and the financial security they need to grieve. Until then, the work is not finished.
Add your voice: Sign my petition for paid pregnancy loss leave.
I am calling on the Government to introduce two weeks of statutory bereavement leave and pay for parents experiencing pregnancy loss before 24 weeks.
The forthcoming legislation recognises the need for time away from work. Now we must make sure that everyone can afford to take it.
Please sign my petition and share it with others. Every signature helps demonstrate why this change is still needed.
You can also learn more about Miscarriage UK’s continuing Leave for Every Loss campaign.
Need advice about pregnancy loss and employment rights?
Whether you are an employee concerned about your rights following pregnancy loss or an employer reviewing your workplace policies ahead of April 2027, Magara Law’s employment law team can provide advice on your legal obligations, existing protections and the forthcoming changes.
Call 01869 325 883, email hello@magaralaw.co.uk or book your consultation directly with our team. Once you have scheduled your consultation, subscribe to our YouTube channel and follow us on social media for all the latest employment law updates and information you need.