Will the government introduce paid leave to allow women (and their partners) to recover from miscarriage?

The Women and Equalities Committee (WEC) certainly hope so. It and has released a report advocating for statutory bereavement leave for all women and partners who experience pregnancy loss before 24 weeks. 

The scale of the issue

The report estimates that there are over 120,000 miscarriages in Great Britain every year and approximately 3,300 women per year make the difficult decision to terminate a much-wanted pregnancy for medical reasons.  

• One in five pregnancies end before 24 weeks
• Early miscarriages, occurring in the first 12 weeks, affect about 10 - 20% of pregnancies, while late miscarriages, occurring between 12 and 24 weeks, affect about 3-4% percent
• Miscarriages after IVF implantation occur in around 18 % of cases in women under 35, rising to 65% in women aged 45 and over
• Around one in 80 pregnancies are ectopic, and about one in 600 pregnancies is a molar pregnancy (an abnormal fertilised egg implanted in the uterus)  

Existing legal protection

Employees have the right to take statutory maternity leave if they miscarry after 24 weeks. However, if they miscarry or experience other pregnancy loss before 24 weeks, they don't qualify for maternity leave and their partner's don't qualify for paternity leave or parental bereavement leave. Most employees manage their absence through sick leave or compassionate/bereavement leave policies. 

The WEC recognizes the severe physical and emotional impacts of pre-24-week pregnancy losses, which are comparable to other forms of bereavement. They emphasize that partners also experience this loss and play a crucial role in supporting their partner to recover. 

The WEC argues that “the case for a minimum legal standard is overwhelming”. Many workplace sick leave policies don't include miscarriage-related absences before 24 weeks, and the current rate of Statutory Sick Pay means that many women and their partners cannot afford to take the time off they need to recover. 

The proposal

The committee intends to table amendments to the government’s Employment Rights Bill to extend statutory parental bereavement leave and pay to those experiencing miscarriage, ectopic pregnancy, molar pregnancy, IVF embryo transfer loss, and terminations for medical reasons. If adopted, this would give all qualifying parents two weeks of leave paid at statutory rate. They urge the government to support these amendments or introduce their own to ensure comprehensive support for those affected by physical and emotional pain and grief of pregnancy and baby loss.

The report also suggests that the government should collaborate with organizations like the CIPD, Acas, and the TUC to highlight the advantages of generous and flexible leave policies for pregnancy loss before 24 weeks.

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