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Calls for parental bereavement leave to extend to pre-24-week pregnancy loss

on Friday, 24 January 2025.

The Women and Equalities Committee has recommended that the government should extend statutory parental bereavement leave to cover pre-24-week pregnancy loss, including miscarriage and IVF-related loss.

Background

The Women and Equalities Committee (WEC) is a parliamentary committee tasked with examining issues relating to women's rights, gender equality, and other equalities-related matters. The Committee's primary role is to scrutinise legislation and government policies, making recommendations to enhance equality and ensure fair treatment across different groups within the UK.

The WEC has published a report into miscarriage and bereavement leave. The report highlights the emotional and physical toll of pregnancy loss before 24-weeks, recommending an extension of statutory parental bereavement leave to those affected. The WEC proposes providing up to two-weeks' leave and pay, on par with the existing rights for those experiencing stillbirth or child death after 24-weeks. Additionally, the WEC urges the Government to collaborate with organisations such as the CIPD, Acas, and TUC to promote employer policies that offer more generous and flexible leave in such circumstances.

Is this covered by the Employment Rights Bill?

The Employment Rights Bill (ERB) will introduce a statutory right to unpaid bereavement leave for employees who experience the loss of a close family member or dependent. The details of entitlement, including the duration and eligibility criteria, will be defined in secondary legislation. This represents the expansion of the existing right to bereavement leave in the event of the death of a child. 

However, the Bill does not currently provide and statutory entitlement to leave or pay for those experiencing pregnancy loss before 24-weeks. As a result, many employees must resort to sick leave or unpaid leave, which comes with a range of challenges, including financial hardship and lack of dignity in handling sensitive nature of the loss.

Next steps

The WEC report contains proposed amendments to the ERB which would, if adopted, give effect to the WEC's recommendations. The Government is yet to confirm whether it will back these amendments.


For more information or advice, please contact Alastair Fatemi in our Employment team on 0117 314 5236, or complete the form below.

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