Currently, there is no legally protected entitlement to any time off, paid or otherwise, for parents who suffer a miscarriage in the first 24 weeks of pregnancy. After this time, both parents are entitled to two weeks of parental bereavement leave, with a birth mother receiving up to an additional 52 weeks of maternity leave and their partner up to two weeks of paternity leave and pay.
A change in the law has been proposed that will provide all women who suffer a miscarriage two weeks of paid leave to mourn their loss. Unlike parental bereavement leave, the proposed amendment to the Employment Rights Bill may only be taken by the birth mother.
For any parent who suffers a miscarriage at any point during the pregnancy, it will inevitably be a difficult and distressing time. Although it is hoped that employers will provide support and care for an employee experiencing such trauma, in the absence of any statutory minimum obligations, employees must rely on goodwill and an empathetic boss or employer to allow time to grieve and to recover.
In the absence of any statutory protections, employees will often rely on a GP declaring them unfit for work, due to either their physical or mental health following their loss. Statutory sick pay is subject to an unpaid three-day waiting period and paid at a lower rate than maternity, paternity and parental bereavement pay, further compounding the financial anxiety which may be experienced by taking time off to recover.
Pending any change to the law, which is currently under review, employers may want to consider their own policies for employees who suffer a miscarriage. This might include training managers in how to sensitively deal with challenging situations, actively signposting availability of leave and pay entitlements, and considering whether any enhanced benefits may be offered to affected employees.
Providing employees with certainty of income, job security and reassurance wherever possible will be hugely valued at a time when their health will be a higher priority than their work.
Even if there is no change to an employer’s statutory obligations and employers are unable to afford additional paid leave, showing compassion and care is likely to be valued by staff and comes for free.
Kevin Poulter is an employment lawyer at Freeths
