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New bereavement rights for pregnancy loss

The government has confirmed new bereavement rights for pregnancy loss, following a consultation, with the changes due to come into play April 2027

Pregnancy loss is a deeply personal experience, and for many years the support available through the workplace has not always reflected the emotional and physical impact it can have.

However, as of April 2027, that is set to change as the Government has confirmed new employment rights which will give employees affected by pregnancy loss a statutory right to take time away from work. Under the new rules, women and their partners who experience a pregnancy loss before 24 weeks will be entitled to up to two weeks of unpaid bereavement leave.

The definition is intended to cover different forms of pregnancy loss, including miscarriage, termination of pregnancy and unsuccessful IVF embryo transfers. This is significant because, historically, statutory parental bereavement leave has generally applied where a child dies under the age of 18 or following a stillbirth after 24 weeks. For pregnancy loss before 24 weeks, employees have not previously had the same specific statutory bereavement leave entitlement.

For employers, this is about more than simply understanding a new piece of employment legislation. It is also about recognising that employees may experience significant grief following pregnancy loss and may need time, flexibility and understanding from their employer. Employers should be thinking now about whether their existing policies and workplace culture provide appropriate support, that could include reviewing policies, internal support, managerial practices and flexible working arrangements.

Importantly, the Government has also confirmed that employees will not be required to provide evidence of their loss, helping to protect privacy and dignity during an extremely difficult time. ⁠

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