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The right to bereavement leave following a miscariage to become law

Apr 1

4 min read

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Parents in the UK will soon be granted the right to bereavement leave following a miscarriage as part of Labour's wider reforms to workers' rights. This significant change in the law, which will be introduced through the Employment Rights Bill, ensures that mothers and their partners will be entitled to two weeks of bereavement leave if they suffer a pregnancy loss before 24 weeks’ gestation.


 

We believe the UK government could go one step further and provide for 2 weeks paid leave.


Don't Let Parents Choose Between Finances & Family. Sign our petition to the UK government here: https://chng.it/jcGHCycrnW


 

The bill, which will enact some of Labour's most prominent workers' rights reforms in England, Wales and Scotland is set to pass its final hurdles in the House of Commons next week. The right to bereavement leave for those who lose a child after 24 weeks of gestation or who experience a stillbirth already exists. However, this new provision marks an important extension, granting the same right to parents who experience the profound loss of a pregnancy before 24 weeks.


The emotional and physical toll of a miscarriage can be devastating and the ability to take time off work without fear of losing income is seen as essential in allowing parents the time to grieve and heal. This move to extend bereavement leave to earlier miscarriages is a major step towards acknowledging the depth of this grief and ensuring that parents receive the support they need.


The decision to implement this right was championed by Labour MP Sarah Owen, who has long campaigned for such a change. As Chair of the Women and Equalities Select Committee, Owen led an inquiry into the issue and the committee concluded in a report published in January that the case for granting bereavement leave after a miscarriage before 24 weeks was "overwhelming." Owen has been a vocal advocate for those who experience pregnancy loss noting that while the emotional impact is often overlooked, it can be just as traumatic as the loss of a child later in pregnancy or after birth.


Although some employers have already been offering discretionary bereavement leave to parents who experience a miscarriage, the committee highlighted that this should be made a universal right. They pointed out that the physical and emotional consequences of baby loss extend far beyond the immediate aftermath of the event itself. For many, the grieving process is long and complex and the need for time off to process the loss is crucial. By formalising bereavement leave as a legal right, the policy helps to ensure that all parents, regardless of where they work, have access to this essential support.


Each year, approximately 250,000 expectant mothers in the UK suffer a miscarriage and between 10% and 20% of pregnancies end in an early miscarriage within the first 12 weeks. These figures highlight the widespread nature of the issue, making it clear that miscarriage is something that touches the lives of many families across the country. The emotional and psychological effects of miscarriage can often be profound with many parents feeling isolated in their grief, especially given the social stigma that can sometimes surround miscarriage and early pregnancy loss. The introduction of bereavement leave is seen as a crucial step in reducing that stigma, allowing families to mourn openly without facing unnecessary pressure to return to work before they are ready.


 

We believe the UK government could go one step further and provide for 2 weeks paid leave.


Don't Let Parents Choose Between Finances & Family. Sign our petition to the UK government here: https://chng.it/jcGHCycrnW


 

Business Secretary Jonathan Reynolds has shared his own personal experience with pregnancy loss, speaking publicly about the impact it had on his family. In an interview with ITV's Good Morning Britain in January, he expressed his sympathy for those affected by miscarriage, saying: “I know how important it is. Like a lot of people, I’ve had some experience of this myself, it’s very, very difficult.” Reynolds’ comments reflect the increasing recognition among policymakers of the emotional and practical challenges that come with pregnancy loss and the need for supportive measures such as bereavement leave.


Additionally, the bill already provides the right to bereavement leave for parents whose partner dies during childbirth but whose baby survives. This further acknowledges the complex nature of pregnancy loss and the diverse experiences of grieving parents. By expanding bereavement leave to include earlier miscarriages, the government is demonstrating a commitment to supporting parents through one of the most difficult and emotionally challenging experiences they may face.


In conclusion, the introduction of bereavement leave for parents following a miscarriage before 24 weeks' gestation is a crucial step forward in recognising the emotional and physical toll of baby loss. This change not only provides practical support for grieving parents but also helps to reduce the stigma surrounding miscarriage, ensuring that those affected receive the time and care they need to heal. As the bill moves towards its final stages in Parliament, it marks an important moment in the ongoing effort to improve workers’ rights and support families in times of grief.


 

We believe the UK government could go one step further and provide for 2 weeks paid leave.


Don't Let Parents Choose Between Finances & Family. Sign our petition to the UK government here: https://chng.it/jcGHCycrnW


 

Call a specialist employment lawyer  


Magara Law is an employment law firm with offices in Bicester, Banbury, Reading, and Paddington, London, and serves 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.




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