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A guide to the new bereavement leave legislation for pregnancy loss
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A guide to the new bereavement leave legislation for pregnancy loss

We know that this week’s announcement has prompted lots of questions. Here’s everything you need to know about the new legal right to bereavement leave following a miscarriage or other type of pre-24-week pregnancy loss. 

What has changed? 

The Government has confirmed that, from April 2027, employees who experience pregnancy loss before 24 weeks in England, Scotland and Wales will have a new day-one legal right to take up to two weeks of unpaid bereavement leave.

When it comes into effect, this will be the first time pregnancy loss before 24 weeks has been formally recognised with a statutory right to bereavement leave in Great Britain.

Who will be entitled to leave? 

The entitlement will apply to employees who experience pregnancy loss before 24 weeks, including: 

  • Miscarriage 
  • Ectopic pregnancy 
  • Molar pregnancy 
  • Termination of pregnancy 
  • Unsuccessful IVF embryo transfer 

Importantly, the right also applies to partners, the other biological parent, and intended parents in a surrogacy arrangement.  

How much leave will I get? 

Employees will be entitled to up to two weeks of unpaid bereavement leave from April 2027. This is an increase from the Government’s original proposal of one week following its public consultation.  

Will I be paid? 

Under the legislation announced, no. The statutory entitlement is to unpaid bereavement leave.  

Many employers already go further by offering paid pregnancy loss or compassionate leave, and we encourage all employers to review their policies ahead of April 2027. 

While we welcome this significant step forward, Miscarriage UK continues to campaign for two weeks’ paid bereavement leave through our Leave for Every Loss campaign. 

Is this a day one employment right? 

Yes. You will not need a qualifying period of service to access bereavement leave. The right will be available from your first day of employment.  

Can I take the leave flexibly? 

Yes. The Government has confirmed that the leave can be: 

  • Taken as two consecutive weeks, or as individual days 
  • Used at any point within 56 weeks of the pregnancy loss 
  • Taken in the way that best supports your grieving process 

This flexibility recognises that grief does not follow a timetable.  

Will I have to prove that I’ve had a miscarriage? 

No. Employees will not be required to provide evidence of their loss.  

What if I can’t afford to take unpaid leave? 

We know that this will be a real concern for many people. 

The new statutory entitlement is for up to two weeks of unpaid bereavement leave, but that does not mean you have to take it. If you are unwell following a miscarriage or other pregnancy loss, you may instead be entitled to Statutory Sick Pay (SSP) or your employer’s occupational sick pay, depending on your circumstances.  

Many employers also offer paid pregnancy loss or compassionate leave that goes beyond the statutory minimum, so it’s worth checking your workplace policy, if there is one. 

At Miscarriage UK, we believe nobody should be forced to choose between grieving and their financial security. We would encourage anyone who is unwell not to feel pressured into taking unpaid bereavement leave if sick leave is the more appropriate option for their circumstances. 

If you’re concerned that your employer is encouraging you to take unpaid leave when sick leave may be more appropriate, you can talk to the Acas Helpline on 0300 123 1100 or visit Maternity Action for free advice: https://maternityaction.org.uk/get-free-advice/ 

Does this replace sick leave?  

No. If you experienced the physical loss, you are still entitled to take sick leave from work and to receive statutory sick pay (if eligible). As with other sickness absences, you can self-certify for the first seven days, after which you will need a fit note. Time off for miscarriage is covered by pregnancy-related sickness rules and must be recorded separately, It cannot be used against you in any form of disciplinary process.  

If you did not experience the physical loss, but you feel your mental health is affected, you should also be able to take sick leave on this basis.  

What can employers do to prepare? 

The introduction of statutory bereavement leave is an important step, but employers can do much more than simply meet the legal minimum. We would recommend that employers see this as a baseline to offering more generous support, including paid leave and additional wellbeing support. 

If you’re an employer, HR professional or manager and want to strengthen your support for people affected by pregnancy loss, Miscarriage UK can help. Our Workplace Training provides practical guidance for HR teams, managers and colleagues, including how to have sensitive conversations, support someone taking leave and returning to work, and develop compassionate workplace policies.  

Employers can also sign up to our Pregnancy Loss Pledge, committing to clear policies, informed management, ongoing awareness training and a supportive workplace culture. Pledge signatories receive our standards, policy template and other resources to help put their commitment into practice.  

You can also find free guidance in our Workplace Hub, including information on supporting an employee, talking about pregnancy loss at work and understanding employees’ rights.  

What about Northern Ireland? 

Northern Ireland already introduced two weeks’ paid bereavement leave following pregnancy loss before 24 weeks in April 2026. The new legislation announced applies to England, Scotland and Wales from April 2027.  

What does this mean for Leave for Every Loss? 

This is a landmark moment. Together with our ambassadors, including Sarah Owen MP and advocate Myleene Klass MBE, our charity partners, businesses and thousands of people with lived experience, our Leave for Every Loss campaign helped secure the legal recognition of pregnancy loss as a bereavement. 

While the announcement falls short of our original ask for two weeks’ paid leave, it represents a profound societal shift. For the first time, the law recognises that miscarriage and other forms of pregnancy loss deserve time, space and dignity. 

We’re here if you need us 

We know that news like this can bring difficult feelings to the surface. Whether your loss happened recently or many years ago, you don’t have to face it alone. 

Our support line is here for you: 0303 003 6464 

You can also explore our support services, live chat and email support on our website.

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