Under current UK law, an employee who experiences the loss of a pregnancy at or before 24 weeks has no legal entitlement to any statutory type of leave (paid or unpaid). An employee who experiences the loss of a pregnancy after 24 weeks (at which point this is considered a stillbirth) is entitled to two weeks of statutory parental bereavement leave.
With the majority of miscarriages usually occurring within the first 12 weeks of pregnancy, this leaves most employees who find themselves in the devastating position of having lost a baby financially unsupported. Further, statistically most employees do not announce their pregnancy until after 12 weeks, which can lead to isolating feelings of not having anyone to turn to for advice or support at work. It is often the case that bereaved employees take unpaid leave, sick leave or their holiday entitlement in order to have time off after a miscarriage to grieve and, in some cases, for the mother to recover physically.
However, under new draft legislation – the Miscarriage Leave Bill (the Bill) -, employment laws relating to miscarriage could be about to change.
What does the Miscarriage Leave Bill propose?
The Bill was first introduced by MP Angela Crawley. If it becomes law, it will provide for employees who suffer a loss before 24 weeks of pregnancy, including molar and ectopic pregnancies, three days of statutory paid leave.
To date, the Miscarriage Leave Bill has been widely supported in the community and by baby loss charities. It follows in the footsteps of certain other countries that have already implemented paid leave for employees in the case of miscarriage. For example, New Zealand introduced similar legislation in 2021 entitling employees to three days of paid bereavement leave following a miscarriage and/or planning to have a child through surrogacy or adoption.
Whilst it is unlikely that the Bill will become law until 2024 (if at all), employers should always consider employee wellbeing a top priority. Irrespective of the legal status of the Bill becomes law, there are several steps employers can look to take to support pregnancy loss in the workplace.
Steps employers can take:
- Ensure employees are made aware of any support services that might already be available and signpost them to those where relevant.For example:
- Existing employee assistance programmes;
- Private counselling;
- Accessible resources; and
- Specialist bereavement support (such as external charities).
2. Consider implementing the proposals to offer paid bereavement leave in the case of pregnancy loss now. Not only does this help create an inclusive and supportive culture, but it could also have a positive impact on employee relations.
3. Give due consideration to whether it might be appropriate to agree to flexible working arrangements or adjustments to help support those who are returning to work following a pregnancy loss, e.g. a phased return.
4. Provide training on pregnancy loss, particularly for those with line management and/or HR responsibility, in order to better equip them in understanding pregnancy loss and supporting colleagues who may have experienced pregnancy loss with compassion and empathy.
5. Develop a workplace policy supporting employees experiencing pregnancy loss that recognises the impacts that this can have, details the support the organisation provides, signposts to external support and encourages employees to enter into a dialogue with their line managers (or a trusted colleague) where they have experienced such a loss.
Comment
The expectation on employers to prioritise employee wellbeing is greater now than ever before, with research showing that job applicants are looking more at the key benefits offered by an employer when considering whether to apply for a role than simply salary.
A failure to properly support and/or manage employees who have suffered a miscarriage could not only lead to poor employee relations and reputational damage but also leave employers exposed to potential pregnancy, maternity and sex discrimination claims and more. Having a policy relating to pregnancy loss and implementing appropriate training and support can help to mitigate this risk.
How can we help
For any advice on the subjects discussed in this article, please contact a member of our Employment Law team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online enquiry form if you require any assistance concerning the subjects discussed in this article.
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