PARENTAL BEREAVEMENT LEAVE
New support for employees who suffer pregnancy loss announced by Andy Burnham
In the last decade there has been a focus on strengthening and broadening the legal support for working parents. Some of these changes have come as a result of a general overhaul of family friendly rights (such as the introduction of Shared Parental Leave in 2015) and others have been as a result of persistent and inspiring family campaigns commenced as a result of huge personal tragedy, such as “Jack’s law” (the right to parental bereavement leave), discussed further below.
Rights have particularly been strengthened in the last two years, including enhanced redundancy protection for individuals returning from maternity leave and the right to make a flexible working request from day one. Last year, Neonatal Leave and Care rights were also introduced for parents whose newborn baby required specialised hospital care. It allows eligible parents up to 12 weeks’ paid statutory leave.
The introduction of Jack’s Law (Parental Bereavement Leave) came into effect in 2020, which gives individuals the right to parental bereavement leave if they suffer the loss of a child. Parents are entitled to two weeks of parental bereavement leave if their child dies under 18 years of age or, in the case of a stillbirth, after 24 weeks of pregnancy. It was a welcome change for families in such devastating situations.
With a variety of rights being introduced about loss and illness of children what there has not been, however, is any change to support women who have miscarriages or pregnancy loss while employed before 24 weeks. Although the statistics for pregnancy loss are not fully recorded it is estimated that 250,000 (around 1 in 5) pregnancies end through miscarriage. This doesn’t include ectopic pregnancies, molar pregnancies or terminations for medical reasons. With the rise of IVF and other fertility treatments, failed procedures and losses are also quite common. At the moment women (and their partners) have no rights to time off should they suffer a pregnancy loss. However, following the government’s Pregnancy Loss Review, on 22nd September, the Prime Minister announced that, from April 2027, the woman who has suffered the loss, along with their partner, will have the right to take two weeks’ unpaid leave if they experience pregnancy loss before 24 weeks. Pregnancy loss includes miscarriage, terminations and unsuccessful IVF embryo transfers.
The response to this announcement has been extremely positive. There has been tireless campaigning for recognition of the impact of these very private and upsetting circumstances in the workplace. The changes will not only give the employee a chance to grieve and rest their body but it also provides a better opportunity for individuals to tell their employer of their situation and to encourage conversation and proper management from an early stage. We will provide further updates when more details of the leave are announced.
Employers will need to update their policies and should consider training for managers supporting people going through these difficult circumstances. If you would like any advice or assistance on this issue, or would like to talk about family friendly rights more widely, please contact Siobhan HERE
