WEC proposes bereavement leave for early miscarriages

The Women and Equalities Committee (WEC) has declared its intent to introduce amendments to the Employment Rights Bill to include bereavement leave in the event of miscarriage before the 24th week of pregnancy. 

a period of paid leave “should be available to all women and partners who experience a pre-24-week pregnancy loss”, adding that the case for a minimum standard in law is “overwhelming”. 

While the report also found evidence that the impacts pre and post 24 weeks are very similarly felt as bereavement, there is currently no statutory acknowledgement of the grief many women and their partners feel after a pre-24-week pregnancy loss. 

According to the report, such an event may also have negative effects on the working lives of women and their partners. 

As a result, the committee has urged ministers to back these changes, which align with the report’s primary recommendation. 

Such a law change would bring things in line with the existing provision for babies lost after 24 weeks. 

However, MPs on the cross-party committee raised concerns that recent progress towards recognising the grief of women and their families who experience pre-24-week pregnancy losses, while welcome, “does not go far enough”.

Outlining the scale of the issue, the report undertaken as part of the Committee’s ‘equality at work inquiry’, cited data estimating that more than one in five pregnancies end before 24 weeks, adding that about one in five women will experience a miscarriage in their reproductive lifetime.

The report concluded that sick leave is not an appropriate or adequate way for employers to support employees after a miscarriage or pregnancy loss, as it doesn’t give women the confidentiality or dignity they need and puts them at high risk of discrimination at work.

What’s more, the report stated that the low rate of Statutory Sick Pay means that many women and their partners simply cannot afford to take the time off they need, putting their wellbeing and future work prospects at risk.

WEC’s report also acknowledged “substantial” gaps in employer-led provisions, despite the good progress made among employers in recent years. 

MPs recommended that the Government collaborate with organizations to promote benefits of pre-24-week pregnancy loss leave policies and strengthen guidance to ensure awareness.

The proposed amendments to the Employment Rights Bill aim to provide employees who experience pre-24-week pregnancy loss with the same statutory parental bereavement leave and pay entitlements currently available to parents who have lost children or stillborn babies. 

This would include those who have experienced miscarriage, ectopic pregnancy, molar pregnancy, in vitro fertilisation embryo transfer loss, and terminations for medical reasons.

Sarah Owen, Labour MP and chair of the WEC, said: “Miscarriages and pregnancy losses can be devastating for women and their families with both emotional and physical consequences. As the data shows, such experiences are sadly not uncommon and yet current legislation has not caught up with this stark reality. The case for a minimum standard in law is overwhelming.

“The committee’s report found many private sector employers, plus the NHS, the largest public sector employer of women, are successfully offering paid bereavement leave for those who miscarry, but provision is not universal.”  

She added: “WEC is calling on the government to support our amendments, or bring forward its own, to ensure that all those who experience the physical and emotional pain and grief of pregnancy and baby loss are able to access the support they need.”