MPs are introducing an amendment to the Employment Rights Bill that will include statutory leave of bereavement for women who have miscarried.
The Women and Equalities Committee published a report today that says the law needs to be amended in order to align it with the existing provisions for babies who die after 24 weeks.
The MPs concluded that there is clear evidence to suggest that the impact of a loss pre- and after 24-weeks is very similar. They concluded that a period of paid leave should be available to women and their partners who suffer a loss in pregnancy before 24 weeks.
The report stated that there is currently no legal recognition of the grief women and their partners may feel following a loss before 24 weeks and the impact this can have on their work lives.
Employees may qualify for statutory parental leave and payment starting April 2020 if their child died before the age of 18 or if a stillbirth occurred after 24 weeks.
Women and their partners are entitled to two weeks of leave. They can either take it together in a block of two weeks or separately over two weeks. The statutory parental bereavement payment is PS184.03 or 90% of the average weekly wage, whichever is less.
Sarah Owen, WEC Chair and Labour MP said: “Miscarriages can have devastating emotional and physical effects on women and their families. The data shows that such experiences are not rare and current legislation is not keeping up with the reality.
“I was not ready for the shock when I miscarried at work my first pregnancy. As many women do, I was legally required to take a sick leave. “I was not sick but grieved, and I felt a sense of deep loss.
According to research, more than one fifth of pregnancies will end before the 24th week and one fifth of women will have a miscarriage.
The report of the committee found that many employers, including the NHS (the largest employer in the public sector for women), offer paid leave to those who miscarry. However, this is not a universal provision.
Benenden Health’s 2024 Report on “gender gap health” found that only 12 percent of employers offer pregnancy leave or policies.
Owen said that the case for a legal minimum standard is overwhelming. All women and their partners should have access to a period of paid leave if they lose a pregnancy before 24 weeks. It is time for new employment laws to include bereavement leaves for workers who miscarry.
The Employment Rights Bill amendments proposed by the committee seek to extend to employees who have experienced pregnancy losses before 24 weeks the same entitlements for statutory parental leave and payment as those currently available to parents grieving the loss of a child or stillborn baby.
Included in this category are women who have experienced miscarriage or ectopic pregnancy.
Rachel Suff is a senior employee relations advisor at the CIPD. She said, “Pregnancy losses and miscarriages affect many people in the UK. Workplace support can be a real help to employees during a difficult time. Employer support is invaluable to those who are dealing with physical and mental health issues resulting from this grief and loss, including their partners. Employers should also manage absences and leave with flexibility and compassion.
We’re supportive of WEC’s focus in this important area, and we echo their calls for paid leave for women and partners who experience pregnancy loss before the 24th week. This is a current gap in the Employment Rights Bill.
Kevin Poulter is an employment partner with law firm Freeths. He said that employers should provide support to employees who are experiencing trauma. However, in the absence any minimum requirements, which is the case at the moment, employees have to rely on their goodwill, and in cases of mental and/or physical illness, they must ask their doctor for fit notes.
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