Key takeaways
New leave rights for miscarriage recognised
Bereavement leave extended to early pregnancy loss.
HR must update policies and payroll systems
Clear procedures and pay structures are essential.
Compassionate communication is key for employers
Supportive culture starts with informed line managers.
As workplace laws evolve, it’s vital for HR professionals to stay informed about changes that affect employee rights, especially regarding sensitive issues like bereavement and pregnancy loss. The Employment Rights Bill contains provisions designed to broaden the scope of statutory bereavement leave to cover the death of close relatives.
The government has recently proposed further important amendments to the Bill, that are intended to extend bereavement leave and pay entitlements to parents who experience pregnancy loss (a miscarriage before 24 weeks of pregnancy). This article explains these changes regarding miscarriage leave and outlines what HR teams need to do to prepare.
Overview of the proposed changes
Currently, statutory bereavement leave and pay in the UK apply to parents who lose a child under 18 years old or experience a stillbirth after 24 weeks of pregnancy. This right was already due to be extended to cover the death of close relatives from some point in 2027. The government’s last-minute proposed amendments to the Employment Rights Bill further extend these rights to include parents who suffer a miscarriage before 24 weeks of pregnancy, recognising the emotional and physical impact of early pregnancy loss.
Key provisions include:
At least one week of statutory bereavement leave for parents following a miscarriage before 24 weeks.
Leave entitlement extended to both mothers and those in a specified relationship with the miscarried baby or someone experiencing pregnancy loss.
Introduction of statutory bereavement pay during this leave, ensuring financial support.
The changes are expected to come into force in 2027, giving employers time to adjust policies and systems.
Pay entitlements during Miscarriage Leave
An essential part of the new entitlement is statutory bereavement pay for pregnancy loss, which is designed to support employees financially during this difficult time:
Eligible employees will receive at least one week of paid leave at the statutory bereavement pay rate.
This rate is expected to be set by the government and will likely be similar to other statutory payments such as Parental Bereavement Leave Pay (currently £187.18 pw).
Employers are responsible for paying this amount during the bereavement leave period.
Organisations may choose to offer enhanced pay beyond the statutory minimum as part of their employee support policies.
What these changes mean for Employers and HR
The introduction of bereavement leave and pay for miscarriage will have significant implications for HR teams once we have more details via regulations:
Policy revision: it will be necessary to update bereavement leave policies to explicitly include miscarriage before 24 weeks, covering eligibility, duration, pay, and procedural requirements.
Payroll adjustments: ensuring payroll systems can accommodate the new statutory bereavement pay, correctly calculating and disbursing payments, will be a priority.
Line-manager training: before its introduction in 2027, it will be sensible to equip line managers and HR staff with training to handle bereavement and miscarriage leave requests sensitively and confidentially.
Communication strategy: it is a good idea to clearly inform employees about their rights and the support available, fostering an open and compassionate workplace culture.
Record-keeping and confidentiality: it will be essential to handle all requests and records related to miscarriage leave with the utmost confidentiality, respecting employee privacy and data protection rules.
Best practices for implementation
To align with these changes effectively, HR teams should consider:
Developing clear guidelines and FAQs to assist managers and employees.
Offering access to counselling and support services such as Employee Assistance Programs (EAPs).
Monitoring and reviewing the effectiveness of leave policies and support programs regularly.
Considering additional support options such as flexible working arrangements for grieving employees returning to work.
Looking ahead
The Government intends to consult on the details of the bereavement leave reforms in Autumn 2025, with final regulations and guidance expected to follow. HR teams should monitor updates from the Department for Business and Trade and Acas, as these will clarify eligibility, documentation, and pay structures. We will also report on any key developments.
This change is part of a wider 2027 reform package, that includes new rights for pregnant workers, flexible working, protections from unfair dismissal from day one, and a clamp down on exploitative zero-hours contracts. Follow our Employment Rights Bill Tracker for further details.
Conclusion
The Employment Rights Bill’s proposed amendments mark an important step in recognising the emotional and physical toll of early pregnancy loss. By updating bereavement leave and pay entitlements, the law aims to provide essential support to grieving parents. HR professionals play a critical role in implementing these changes thoughtfully and effectively, ensuring compliance and fostering a workplace environment that values empathy and support. As the Government moves forward with consultations and secondary legislation, staying informed and proactive will be key to successful implementation. For assistance in updating your policies or managing employee queries, please reach out to the legal or HR advisory teams.
