As progressive workplaces move towards a more open and supportive culture, the impact of baby loss, whether through miscarriage, stillbirth or neonatal death, is becoming more widely talked about. However, employer support is often focused on mothers, with less consideration given to the fact fathers are suffering too. As men are far less likely to disclose their struggles, there is a real worry that this suffering goes unnoticed.
While there is a limit to what workplaces must do by law to support men through the trauma of losing a baby, what they should be doing from a compassionate perspective is another story.
Time off after a bereavement is not specifically catered for in law, but most employers do offer compassionate leave, although some only pay the statutory amount. This can lead to a bereaved parent returning to work before they are ready. Employers may consider offering staff membership of an income protection scheme that will cover their salary for a longer period.
When a parent does return, an employer may also need to allow for a temporary impact on their performance. A tribunal would certainly consider baby loss as a good reason for someone not being as productive, focused or accurate as normal.
If a bereaved dad keeps saying he is fine, it can be difficult to support him. Employers should, therefore, keep a compassionate eye on the behaviour of someone who has recently lost a baby and, if available, proactively signpost them to mental health first aider or counselling support.
If an employer offers an employee assistance programme, it should consider allowing paid time off to attend counselling appointments. It might also be worth a reminder these appointments are genuinely confidential.
If the psychological impact on a bereaved employee is prolonged or severe, they could be considered disabled, and that is when the Equality Act kicks in. An employer then has a duty to ensure the employee is getting the correct mental health support, perhaps even adjusting their role. This should all be done with medical input from an employee’s GP or occupational health.
Employment law is moving in a more family-focused direction. Neonatal rights are being extended in 2024, so we will undoubtedly see a move towards retention packages, including support for baby loss. The best employers are one step ahead of the law. Embracing compassionate policies before they are compelled to gives employers a head start in attracting and retaining the best people.
Musab Hemsi is a partner in the employment, immigration and pensions team at Anderson Strathern
