Northern Ireland has become the first part of the UK to recognise what many parents have known for years: pregnancy loss is not simply a medical event. It is a bereavement.
From April 2026, women and their partners in Northern Ireland are entitled to two weeks’ statutory paid leave following pregnancy loss, pre-24 weeks. The entitlement applies from day one of employment.
There is no minimum service requirement, no complicated qualifying period, and no need to provide detailed medical evidence. Employees will be able to self-declare their entitlement.
The leave itself has been designed in a way that reflects the reality of grief. Parents can take the full two weeks together or split it into two separate one-week blocks. They do not have to take it immediately after the loss. Instead, the leave can be used at any point within 56 weeks.
That flexibility is a gamechanger. Why? Because the days immediately after a pregnancy loss can be physically and emotionally overwhelming. There may be hospital appointments, medical treatment, difficult conversations with family members, funeral arrangements in some cases, and the need simply to process what has happened, for which, flexibility is needed.
But grief does not stop after a fortnight. For many parents, the hardest moments come later: on the date the baby was due, during fertility treatment, at anniversaries, or when returning to the workplace becomes too difficult.
According to the World Health Organisation, one in four pregnancies ends in miscarriage, making pregnancy loss far more common than many people realise. Despite that, it remains an issue that is often hidden, poorly understood, and rarely discussed openly in workplaces.
Northern Ireland’s approach recognises that grief is not linear and that parents should not be forced into taking leave according to a rigid timetable. As denial and delayed emotional responses are common in the aftermath of loss, this flexibility is essential in allowing parents the time and space they need to process their grief.
The leave will be paid at the statutory parental bereavement pay rate of £194.32 per week, or 90% of the employee’s average weekly earnings if that figure is lower. This is significant. It means parents will not be left in the impossible position of having to choose between taking time to grieve and paying their bills.
That is precisely where the current position in England, Scotland, and Wales falls short.
The UK Government has announced plans to introduce a day-one right to bereavement leave for parents who experience pregnancy loss pre-24 weeks. That is welcome progress. It is long overdue. But at present, the proposal is for unpaid leave only and likely to be for only 1 week.
In reality, unpaid leave is often no leave at all. There should be no price tag on this – grieving a loss should not be a luxury afforded to only a few.
For many employees, especially those on lower incomes, taking unpaid time away from work is not financially possible. Parents who have just experienced pregnancy loss may already be dealing with lost earnings, childcare costs, travel costs for appointments and the wider financial impact of fertility treatment or medical care.
If leave is unpaid, many people will feel pressured to return to work far sooner than they are emotionally or physically ready. That is not good for employees, and it is not good for employers either.
At Magara Law, we believe England, Scotland and Wales should adopt the Northern Ireland model in full: two weeks of paid leave, available from day one, capable of being taken flexibly in one-week blocks and usable within 56 weeks of the loss.
Anything less risks creating a legal right that exists on paper but cannot be used in practice.
Why the Northern Ireland model works
Northern Ireland’s framework is important not only because it introduces paid leave, but because it has been designed around the realities of pregnancy loss and bereavement.
Allowing the leave to be taken in separate one-week blocks gives parents greater control over how and when they use it. One parent may need time immediately after the loss itself, while the other may need leave later for counselling, hospital appointments, or ongoing emotional recovery.
The 56-week window is equally important. Grief often resurfaces unexpectedly. Some parents cope initially and then struggle months later. Others find anniversaries, due dates, and future pregnancies particularly difficult.
A rigid system that requires all leave to be taken immediately after the loss would fail many families.
The day-one nature of the right is also essential. Pregnancy loss does not discriminate based on length of service. Someone who has been in a job for three weeks may need exactly the same support as someone who has been there for ten years.
Removing the requirement for medical evidence, because there may not be any medical evidence before 24 weeks, is another important step. Pregnancy loss can already feel deeply isolating and traumatic. Requiring employees to provide invasive medical documentation to justify time away from work risks compounding that distress.
Perhaps the clearest sign that this kind of policy is achievable is the fact that the NHS, one of the UK’s largest employers, has already introduced its own pregnancy loss framework. Since 2024, NHS staff in England who experience a miscarriage before 24 weeks have been entitled to up to 10 days of paid leave, while partners can receive up to 5 days.
NHS guidance also supports paid time off for appointments, scans, counselling and mental health support linked to pregnancy loss.
If an employer as large and complex as the NHS can introduce a compassionate, flexible system across thousands of employees, it becomes much harder to argue that other employers cannot do the same.
In many ways, the NHS model proves that practical support for pregnancy loss is not unrealistic or burdensome. It is simply a matter of recognising the reality of grief and responding to it properly.
Northern Ireland’s approach is more compassionate, more practical, and more likely to be used.
The current legal Position in England, Scotland, and Wales
At present, there is no specific statutory right to paid bereavement leave for pregnancy loss, pre-24 weeks in England, Scotland, or Wales.
Where a pregnancy loss occurs before 24 weeks, employees are often left relying on sickness absence, annual leave, unpaid compassionate leave or the goodwill of their employer.
The grief experienced after pregnancy loss does not suddenly become valid only after a particular point in pregnancy. Many parents form attachments to their baby long before 24 weeks. Many have shared the news with family and friends, bought clothes, planned names, and imagined their future.
The emotional impact of pregnancy loss does not depend on whether it falls on one side or the other of a legal threshold.
This gap in the law has left many parents unsupported.
Some employees are signed off sick by their GP, but pregnancy loss is not an illness in the ordinary sense. Others use annual leave because they do not want to discuss what has happened. Some return to work too early because they feel they have no other choice.
That can create serious risks for both employees and employers.
Why pregnancy loss as bereavement matters for employers
Employers should not wait for the law to change before reviewing their own policies.
A workplace that responds badly to pregnancy loss can expose itself to significant legal, operational, and reputational risks as well as the cost of retention.
If an employee is treated unfairly after pregnancy loss, there may be claims relating to sex discrimination, pregnancy and maternity discrimination, disability discrimination, harassment, victimisation, or unfair dismissal.
Employers also need to be careful about how miscarriage-related absence is recorded. Treating time off after pregnancy loss in the same way as ordinary sickness absence can sometimes lead to unfair absence triggers, disciplinary action, or performance management.
There is also a wider human cost.
Employees who feel unsupported are more likely to suffer prolonged mental health difficulties, remain absent for longer periods or leave the organisation altogether. Studies consistently show that poor mental health costs UK employers billions each year through sickness absence, presenteeism and staff turnover.
Mishandled bereavement and pregnancy loss can become part of that wider problem. Poor handling of pregnancy loss can damage morale, trust, and workplace culture.
By contrast, compassionate policies can improve retention, strengthen employee engagement, and demonstrate that an employer takes wellbeing seriously.
This is not simply a legal issue. It is also a leadership issue.
Organisations increasingly talk about inclusion, mental health, and family-friendly workplaces. A pregnancy loss leave policy is one of the clearest ways to demonstrate that those commitments mean something in practice.
Why statutory paid leave for pregnancy loss matters
Northern Ireland’s Equality Impact Assessment and wider research highlight several important advantages to introducing statutory paid pregnancy loss leave.
- It reduces the pressure on employees to return to work before they are physically or emotionally ready. Standardised leave gives people time to recover without feeling forced to use sickness absence or annual leave.
- It creates greater consistency for employers. Managers are given a clear framework to follow, reducing uncertainty and helping avoid inconsistent or unfair treatment.
- It helps build more compassionate and inclusive workplace cultures. Employees are more likely to feel valued, trusted and supported during some of the most difficult moments of their lives.
- It can reduce longer-term absence and staff turnover. When people are given the time they need to recover properly, they are often more likely to return to work feeling ready to cope.
- It helps reduce the financial impact of pregnancy loss. Some parents reduce their hours, take unpaid leave, or leave work altogether because they do not feel supported. Paid leave can reduce that pressure.
- It supports wider gender equality goals. Women are still more likely to experience career disruption because of pregnancy, maternity, and fertility-related issues. Better pregnancy loss leave rights could help prevent pregnancy loss from becoming part of that wider pattern.
- It removes stigma and shame and makes individuals experiencing pregnancy loss feel seen and their loss and pain recognised, which can contribute greatly to the healing process
Why paid leave makes economic sense, too
Some employers may worry about the cost of introducing paid pregnancy loss leave but in reality, the cost of not doing so is often far greater. Here, we come back to the point that if the NHS can afford to introduce paid pregnancy loss leave, it stands to reason that any other business can afford it too
When employees are forced back to work before they are ready, productivity suffers. People may be physically present but emotionally unable to cope. Mistakes happen. Absence levels can increase later. Some employees leave entirely.
Replacing staff is expensive. Recruitment, onboarding and lost productivity can cost far more than two weeks of paid leave. According to research from Oxford Economics, a global economic advisory firm, replacing an employee in the UK can cost more than £30,000 once recruitment costs, temporary cover, and lost productivity are taken into account.
Paid pregnancy loss leave can also reduce the likelihood of long-term sickness absence by allowing employees the time and space they need to recover properly.
There are also broader economic and societal benefits.
Women are still more likely to carry the physical and emotional burden of pregnancy loss, and many end up leaving work or reducing hours because they do not feel supported.
Research has repeatedly shown that women who feel unsupported during pregnancy, maternity or fertility-related experiences are more likely to leave their employer altogether, widening existing gender pay and progression gaps.
Pregnant Then Screwed and Women In Data has found that many women feel forced out of work due to pregnancy, maternity and childcare-related pressures, while wider research from Women in Public Affairs (WiPA) has highlighted the long-term impact that unsupported maternity and caring experiences can have on women’s pay, career progression and retention.
Better pregnancy loss leave rights could help improve gender equality, reduce career disruption, and make workplaces more inclusive.
From an ESG and reputational perspective, organisations are also under increasing pressure to show that they support employees during major life events. Investors, clients, and job candidates are paying closer attention to how employers respond to issues such as mental health, fertility, pregnancy loss, and family support.
Employers that fail to address miscarriage risk being seen as out of touch.
International comparisons show the UK is falling behind
While Northern Ireland’s decision is significant, it is important to recognise that other countries have already gone further.
| Country | Leave entitlement after pregnancy loss | Payment status |
| India | 6 weeks | Fully paid under the Maternity Benefit Act |
| Philippines | 60 days | Fully paid and government mandated |
| New Zealand | 3 days | Statutory paid leave |
| Germany | Loss after 12 weeks can lead to additional leave of up to 20 weeks | Paid through maternity leave rights |
| Northern Ireland | 2 weeks, taken together or in separate one-week blocks | Statutory paid leave at £194.32 per week or 90% of average weekly earnings |
These comparisons matter because they show that the UK is not leading the way in this area. In fact, it is lagging behind.
Countries such as India and the Philippines already provide far more generous entitlements than anything currently available in England, Scotland, and Wales. Germany recognises that later pregnancy losses can require much longer periods of recovery.
The common theme across these countries is clear: pregnancy loss is increasingly being recognised as something more than ordinary sickness absence.
England, Scotland, and Wales should not settle for being behind the curve on an issue that affects so many families. Northern Ireland has now established a workable UK model. The rest of the country should move quickly to follow it.
Magara Law’s perspective
At Magara Law, we believe the law in England, Scotland and Wales needs to change.
Northern Ireland has created a model that is compassionate, practical, and legally workable. There is no reason why the same approach cannot be adopted elsewhere in the UK.
We also believe employers should not wait for legislation before taking action.
A clear pregnancy loss leave policy should form part of any modern HR framework. Managers should be trained on how to respond sensitively. Employees should know what support is available and should not feel forced to choose between grief and financial security.
Personally, I have long championed for stronger workplace rights for parents who experience pregnancy loss, featuring in BBC coverage on the issue and publicly speaking out about the need for greater legal protection and support for parents following pregnancy loss.
I have even launched a petition calling for paid pregnancy loss leave and stronger legal rights for parents who experience pregnancy loss, which has received more than 1,500 signatures.
I encourage you to click the link and add your signature too, because it’s currently looking like the UK will only offer 1 week’s unpaid leave, and we need to keep the pressure on the Government.
I know the pain all too well having suffered several miscarriages of my own.
Parents should not have to explain intimate details of their loss to multiple managers. They should not have to return to work days later because they cannot afford unpaid leave.
Northern Ireland has shown that a better approach is possible. England, Scotland, and Wales should now follow.
How Magara Law can help
If you are an employee who has experienced pregnancy loss and you believe you have been treated unfairly, Magara Law can advise you on your rights.
If you are an employer, we can help you review your policies, update contracts and handbooks, train managers and reduce the risk of discrimination or unfair dismissal claims.
Pregnancy loss is one of the most difficult experiences a family can go through. The law should recognise that reality, and workplaces should respond with compassion, dignity, and care.
For sensitive, confidential support, reach out today to talk to our team. Call 01869 325 883 or email hello@magaralaw.co.uk. Alternatively, use our online contact form.
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