Miscarriage leave to be extended by the new Employment Rights Bill

16 July 2025

Currently the law provides bereavement leave only for parents who lose a child after 24 weeks of pregnancy. It is open to employers to have their own policy provided this minimum requirement is met. Some employers offer better terms and enhanced pay.

The Employment Rights Bill which is currently going through the legislative process is set to be amended to include a new right to miscarriage leave which will extend bereavement leave to a stillbirth or loss of a child in the first 24 weeks of pregnancy. This will clearly have a much wider ambit and will require employers to update their internal policies.

The current entitlement is for two weeks’ leave if they suffer pregnancy loss or if a child younger than 18 dies. They may also be eligible for statutory bereavement pay but this is only available if you have been working for your employer for 26 weeks or more.

The ERB proposal is that bereavement leave pre-24 weeks would be extended for at least one week but that it would be unpaid. The consultation is ongoing. Once we have more clarity we will update you.

This proposal has been widely reported in the media not least because it impacts a significant number of workers every year. See here for the coverage from the BBC and The Guardian.

For anyone affected by miscarriage help and advice on your rights is available from Tommy’s.

This blog was written by Manuela de Castro, Senior Solicitor at didlaw.

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