Managing Miscarriage in the Workplace: A Guide for Employers and Employees

It would be impossible to delve into the physical and emotional complexities of pregnancy loss in this guidance but we endeavour to address the fact that it is a deeply vulnerable time for all involved. We hope that this guidance provides a deeper understanding for those experiencing miscarriage as well as those managers/employers who need to manage the employer or partner affected by the loss of a baby in pregnancy.

It is estimated that approximately 1 in 4 pregnancies ends in miscarriage, with around 80% occurring in the first 12 weeks of pregnancy (often referred to as the first trimester).  Miscarriages that occur between the 12th and 24th weeks of pregnancy are less common but still significant.  

Pregnancy loss after 24 weeks is considered as ‘still birth’, which is covered by employment law in the UK.

Why is this important to us?

Drawing from personal experiences of those around us is one person’s account:

“Experiencing pregnancy loss is a deeply complex and emotional time, which is accompanied with physical symptoms that further trigger an emotional response.  The physical experience of losing your baby is painful not just on a physical level but also on an emotional one.

Having experienced 3 pregnancy losses before 24 weeks, I cannot even begin to claim that I understand the layers and complexities of each loss.  I know that the second one hit me just as hard if not harder than the first one, even though I was further along with the first one.  I think there were many reasons for this and one was that I hadn’t processed or grieved the first loss sufficiently so all the weight of that returned with the second loss.  Another reason was that the second loss now carried with it the prospect that the first loss wasn’t a one off and I may now never be able to carry a child to full term.  The third was after I had had my first child and felt different to the first two.  I had the comfort of knowing I had had a baby and was a mother but I also now felt that deep motherly love and had envisaged holding that baby in a much more real way.

Each pregnancy loss is different, but they all have one thing in common: every single one is a loss and so carries with it the emotional complexities of the same.  Women should therefore be supported and given the time to grieve the loss in their own way. Their partners too. 

Women shouldn’t have to share their physical and emotional experiences with their employer in order to get sick leave.  Pregnancy loss is not a sickness with a clear set of symptoms which can be listed off to your employer to justify the time off.

UK Employment Law’s current approach seems to be ‘if we can’t see it, it doesn’t exist’ but that baby existed to the mother and father in every possible real way.  The baby was physically and spiritually a very real part of the mother’s existence.  How can she be expected to return to work and pretend nothing has happened without adequate time off to process and deal with this loss?”

Types of Pregnancy Loss

Types of pregnancy loss considered within this guide are:

Miscarriage: defined as loss of pregnancy before 24 weeks.

Ectopic pregnancy: where a fertilised egg implants and grows outside the uterus, meaning the pregnancy is not viable.

Molar Pregnancy: where a non-viable fertilised egg implants in the uterus, and the baby and placenta do not develop as they should.

Guidance on Pregnancy Loss Rights

Unfortunately, currently (as of February 2025) in the UK there is no specific legal right for an employee to take time off due to loss of pregnancy before the 24th week of pregnancy but there are several related rights:

• Sick Leave: Although miscarriages are not considered a ‘sickness’, they can result in physical and emotional recovery time and the employee may be entitled to take sick leave. Employees should be allowed to take sick leave and, if applicable, be paid according to the organisation’s sick pay policies or statutory sick pay (SSP).

  
  

  Any leave the employee takes after a miscarriage, ectopic or molar pregnancy should be recorded as ‘pregnancy-related leave’.

  
  

  The employee should be able to self-certify that leave is pregnancy-related for the first seven days.  After this, the employee will need a fit note (sometimes called a sick note or doctor’s note) from a doctor to say it is ‘pregnancy-related’. If the employee returns to work and then realises they need more time off, they will need another fit note.

  
  

  The employer must record this leave separately and must not use it against the employee, for example, for disciplinary or redundancy purposes. The employee is entitled to any sick pay that they would normally qualify for when off sick. The employee can take as long as they need, as long as they have a note from a doctor but this is not always an affordable option for the employee or employer.

  
  

• Statutory Maternity/Paternity Leave: If the miscarriage occurs after the 24th week of pregnancy, the employee would be entitled to statutory maternity leave, assuming they have been employed for at least 26 weeks. Statutory maternity rights do not apply to those suffering a miscarriage prior to the 24th week.

  
  

  If the baby is stillborn after 24 weeks of pregnancy, the:

  
  

  • birth mother can get up to 52 weeks of statutory maternity leave or pay.

  • birth father can get up to 2 weeks of paternity leave or pay.

  • partner of the birth mother or adopter can get up to 2 weeks of paternity leave or pay.

    
    

• They will both be entitled to 2 weeks of parental bereavement leave after they finish their maternity or paternity leave.

  
  

• While the legal name for the time off is 'statutory maternity' and 'statutory paternity' leave, some employees may not want to call the time off 'maternity' or 'paternity' leave if their baby has died.

  
  

• Pregnancy Discrimination: If an employee suffers a miscarriage and feels discriminated against or treated unfairly because of it, they may have a case under the Equality Act 2010. It is unlawful to discriminate against someone due to pregnancy-related reasons. 

  
  

  This covers a period of 2 weeks from the end of a pregnancy for women who are not entitled to maternity leave.  During this period the employee is protected from being discriminated against for any sick leave they take because of a miscarriage. 

  
  

  After the two-week protected period, the employee may have a claim for unfair dismissal (if they have two years’ service) or automatic unfair dismissal if they have been dismissed or made redundant.

  
  

  The employee may have claims for detrimental treatment, direct and/or indirect sex discrimination (rather than pregnancy discrimination), if they have been disciplined or treated unfairly because of their pregnancy, miscarriage or related sick leave. This protection is not limited to a specific period and applies to treatment related to pregnancy or miscarriage-related sickness regardless of how long the employee is off sick. 

  
  

Guidance for Employers - Supporting the Employee

• Communication: Approach the situation with care and respect. It is important that the employee feels supported and that their privacy is respected. A private conversation should be offered; allowing them to decide how much information they wish to share.

  
  

• Flexibility: If possible, be flexible with work arrangements. Some employees may need time to deal with physical recovery, while others may require time for emotional support or therapy.

  
  

• Sensitivity: Recognise that miscarriages are a deeply emotional experience. Be empathetic, offer time off for recovery and ensure the workplace is not adding to their emotional burden.

  
  

• Support Resources: Employers may want to suggest counselling or support groups. Many organisations offer Employee Assistance Programs (EAPs) that can assist in providing emotional and mental health support. The Miscarriage Association also provides a wealth of information which helps employers and employees.

  
  

• Offer Practical Support: Ensure that your sick leave policies are clear and that employees know how to apply for leave. It is important that employees do not feel penalised for taking time off to recover from a miscarriage.

  
  

• Confidentiality: It is important to maintain the confidentiality of the employee’s situation. Share information only with those who need to know, ensuring the employee's privacy is respected.

  
  

• Review Workplace Policies: Employers should have clear policies in place regarding sick leave, compassionate leave, and any support options for staff dealing with pregnancy-related loss.  Consider reviewing your organisation’s maternity and sick leave policies to ensure they are clear and compassionate. 

  
  

  Although you are not required by law to do so, you may want to consider implementing a specific miscarriage policy which offers time off after pregnancy loss and if possible, on full pay. 

• Training for managers: Ensure line managers and HR are trained to respond sensitively to personal matters like this.

  
  

Common Issues with Mishandling Miscarriages in the Workplace

The lack of rights and clear guidelines in UK employment law for those experiencing a pregnancy loss and their partners causes many issues for both employer and employee in the workplace. These include (but aren’t limited to):

• Inadequate Time off: Without specific rights for employees, some employers may not fully understand the emotional and physical recovery time needed after a miscarriage. Employees might be pressured to return to work prematurely, which could result in them feeling overwhelmed, underperforming, or even facing additional health issues.

  
  

• Impact on Employee Well-being: If the miscarriage is mishandled, it may lead to emotional distress, anxiety, or depression for the employee. Over time, this can affect their performance, well-being, and job satisfaction, potentially leading to long-term absenteeism or even the decision to leave the company and/or employment altogether; which would have a negative impact on both employer and employee.

  
  

• Loss of Trust in the Employer: Mishandling a miscarriage can lead to a breakdown of trust between the employee and the employer. This lack of trust can be difficult to rebuild and may result in the employee feeling disengaged or unmotivated.

Guidance for Employers – Supporting Partners

The fact that miscarriages are not recognised by UK employment law puts partners and their employers in a more confusing situation as to how time off should be handled. 

Unfortunately, currently (as of February 2025) in the UK partners are not entitled to pregnancy-related leave or sickness absence.

Time off for partners, whether for own bereavement or to physically and emotionally provide support for the partner experiencing pregnancy loss is often at the employer’s discretion and can be mishandled.

It is important for employers to recognise that using their discretion with compassion and care can benefit employers, employees and their families.

There are several ways employers can provide support to partners:

• Allowing Time Off: Partners should be given time off to support their spouse or partner after a pregnancy loss. While there is no specific statutory entitlement for partners, employers should recognise the need for compassionate leave and offer flexibility. Some companies provide paid or unpaid leave for such circumstances, and this can be formalised in company policies.

  
  

• Flexible Working Arrangements: Employers can support partners by offering flexible working hours or the ability to work from home during this difficult time. This allows them to attend medical appointments, take care of their partner or manage emotional well-being.

  
  

• Compassionate Leave: Providing compassionate leave is a key way for employers to show empathy. Many employers offer a set number of days of leave specifically for personal loss or distressing events, including miscarriages. It's essential for employers to clearly define how much leave is offered and under what circumstances.

  
  

• Employee Assistance Programs (EAPs): Offering access to counselling and mental health services through an Employee Assistance Program can be extremely beneficial. These services can help partners cope with their emotions and manage the stress of the situation.

  
  

• Clear Communication and Sensitivity: Employers should create an environment where employees feel safe discussing their situation without fear of judgment. Open and sensitive communication is key to ensuring the partner feels supported and that they are not being made to feel uncomfortable.

  
  

• Referral to External Support: Employers can provide information about external support services such as charities or organisations that specialise in pregnancy loss, like Tommy’s or The Miscarriage Association. These services can offer emotional support, advice and resources for both the affected employee and their partner.

  
  

• Training for Managers: Ensuring managers and HR personnel are trained on how to handle situations involving pregnancy loss is vital. This training can help managers understand the emotional impact of the loss and how best to support both the employee and their partner with empathy and understanding.

  
  

• Non-Judgmental Approach to Time Off and Leave: Employers should be non-judgmental when considering time off for partners. Loss of a pregnancy is often an emotionally difficult and traumatic experience and partners may need time to process and support their spouse or partner.

  
  

• Protection from Discrimination: Employers must ensure that any employee who is experiencing pregnancy loss, including partners, is not discriminated against or treated unfairly due to their situation. This includes ensuring that they are not penalised for taking time off or seeking support.

  
  

By being empathetic, providing flexibility and offering relevant resources, employers can create a supportive work environment for partners of those who have experienced a pregnancy loss.

Where is the law now?

(As of February 2025) As the government debates whether pregnancy loss leave and/or pay ought to have a standing in law in the form of statutory parental bereavement leave and pay, we acknowledge that while it is a starting point, there is still much of the race to go. The proposals would to the Employment Rights Bill would seek to extend the same entitlements to statutory parental bereavement leave and pay as are currently available to parents bereaved by the loss of children and stillborn babies, to employees who experience pre-24-week pregnancy losses.

It is a vital piece of the puzzle, however we acknowledge that for many people, these proposals may still not be enough time to provide for the physical wellbeing of an individual because of pregnancy loss.

Conclusion

Employers should ensure they are sensitive, empathetic, and knowledgeable about the rights and needs of employees experiencing a miscarriage and their partners. Having clear policies, providing emotional and practical support, maintaining confidentiality and training managers on how to handle such sensitive situations can go a long way in ensuring that the employee feels supported and respected during this difficult time. This in the longer run would benefit both employer and employee. 

Call a specialist employment lawyer  

Magara Law is an employment law firm in Bicester, Banbury, Reading and Paddington, London, and services clients nationwide. 

For more information or to contact our employment law team at Magara Law, call 01869 325 883 or email roy@magaralaw.co.uk.