Government responds to WEC proposals on bereavement leave for pregnancy loss
The Government has agreed in principle to extend bereavement leave to employees who experience pregnancy loss before 24 weeks, but further discussions are expected before any final commitments are made.
Background
On 15 January 2025, the Women and Equalities Committee (WEC) published its report, Equality at work: Miscarriage and bereavement leave, following an inquiry into the support available to employees who experience pregnancy loss. Currently, statutory parental bereavement leave is only available where a child is stillborn from 24 weeks of pregnancy or dies under the age of 18. See our earlier article.
While the Employment Rights Bill includes provisions for a broader statutory bereavement leave framework, it does not currently provide for pregnancy loss before 24 weeks. During the Report Stage debate in the House of Commons, the WEC proposed amendments to extend the statutory scheme to cover this type of loss, including two weeks' paid leave. Although the Government did not adopt the proposed amendments at that stage, it confirmed that it accepts the principle of bereavement leave for pregnancy loss and recognised that bereavement is distinct from illness and should be treated accordingly.
Government response
In its formal response to the WEC’s recommendations, the Government stated that it supports the principle of introducing statutory bereavement leave for pregnancy loss before 24 weeks. It acknowledged that more can be done to support parents affected by such losses and committed to further engagement with the Committee as the Bill progresses through the House of Lords.
However, the Government stopped short of agreeing to the specific proposal for two weeks of paid leave. At present, no firm commitments have been made beyond continuing discussions on how best to recognise and respond to this type of bereavement within the statutory framework.
The Government also highlighted broader efforts to improve care and support in this area. For example, NHS England has introduced a policy entitling staff who experience a miscarriage in the first 24 weeks of pregnancy to up to 10 days’ paid leave, with up to 5 days for partners. The Department of Health and Social Care has signed the ‘Pregnancy Loss Pledge’ and many public sector employers, including the Civil Service, have introduced guidance and flexible leave policies in response to pregnancy loss.
Next steps
While there is currently no statutory requirement to provide bereavement leave for pre-24-week pregnancy loss, the Government’s support for the principle indicates that change is likely.
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