Miscarriage Leave and the Employment Rights Bill 2025: What UK Employers Need to Know

Introduction

The Employment Rights Bill 2025 introduces statutory miscarriage leave in the UK, granting up to 5 days of paid leave for employees who experience a pregnancy loss before 24 weeks — including their partners.

The legislation ensures policy changes and encourages a more supportive workplace culture by influencing employers to handle miscarriage-related absences with empathy and confidentiality.

We are here to help you with all ongoing developments and changes to employment law. Follow this blog and our Business Services Webinar Series for more information about miscarriage leave.

If you require any assistance with the upcoming employment law changes, contact us today.

What is miscarriage leave and how does it affect employers?

Miscarriage leave is a form of bereavement leave offered to employees that have experienced a miscarriage prior to 24 weeks.  A miscarriage after 24 weeks is legally a stillbirth and is already entitled to bereavement leave.

This is an important issue for employers with 250,000 expectant mothers suffering a miscarriage within the first 24 weeks of pregnancy every year. It is critical that employers start to prepare for this change, as well as other changes in the Employment Rights Bill 2025, now.

What are the current legal rights around miscarriage and bereavement leave in the UK? 

Currently, there is no right to miscarriage leave although some employers currently offer it voluntarily. However, the Equality Act 2010 does protect employees from pregnancy and maternity-related discrimination.

Currently, bereavement leave (or grief leave) is available for parents who experience the loss of a child under 18 years old and for expectant parents who suffer a stillbirth. Statutory Parental Bereavement Pay is either £187.18 per week or 90% of average weekly earnings (whichever is lower).

The rules around miscarriage leave are set to change due to an amendment in the current draft of the Employment Rights Bill 2025.

How will the Employment Rights Bill change miscarriage leave? 

​The Employment Rights Bill 2025 introduces significant reforms to support employees experiencing pregnancy loss before 24 weeks gestation. Employees who have experienced a miscarriage will be legally entitled to a minimum of 5 days of leave.

The change requires employers to incorporate bereavement leave for miscarriage into their existing framework for time off for bereavement. This marks a pivotal shift in UK employment law and acknowledges the profound impact of miscarriage on expectant parents.

What should employers do to prepare for these employment law reforms?  

With a legal minimum leave of five days now required, failure to provide leave could result in discrimination claims.

The link between miscarriage and time off work is not a new idea and some employers already voluntarily offer such leave as part of their employment package. However, it is important to review your policies to ensure compliance with the changes.

While meeting legal obligations is essential, going beyond them fosters a more compassionate, inclusive workplace. Doing so not only supports employee wellbeing but also boosts loyalty, reduces turnover, and improves performance.

Tips for supporting employees through miscarriage compassionately

For Line Managers and HR Teams:

• Approach with empathy and privacy: If an employee discloses a miscarriage, respond with compassion and recognise that the loss is a bereavement. Use phrases like “I’m so sorry for your loss” rather than clinical or overly formal language. Avoid the usage of dismissive language such as, “It was early” or “You can try again”.
• Let the employee lead the conversation. Ask open-ended, non-intrusive questions like “Would you like to talk about how we can support you right now?” rather than assuming needs.
• Avoid overloading them with policy or paperwork immediately. Although make it clear to them what paid time off is available to them, so this is not an additional concern for them to worry about. Offer to follow up when they are ready to discuss options.
• Ensure confidentiality is maintained at all times. Only those who need to know should be informed.
• Check in sensitively after their return, but don’t force conversations. Some employees may wish to move forward quietly; others may need ongoing support

Encouraging Openness and Reducing Stigma

Creating a culture where miscarriage is not a taboo topic can make a significant difference:

• Acknowledge pregnancy loss as a bereavement, not just a medical issue.
• Include pregnancy loss awareness in mental health or wellbeing campaigns.
• Invite leaders or peers to share experiences if they are comfortable. This can help normalise conversations.
• Use inclusive language in policies and communications that recognise both the person who miscarried and their partner.
• Encourage the use of support resources like Employee Assistance Programmes or workplace counseling.

Implement Supportive Measures

• Flexible leave policies: Extend leave beyond the 5-day statutory minimum if needed. Consider unpaid or compassionate leave as follow-up options.
• Remote work or reduced hours: Allow employees to work from home or adjust hours temporarily as they recover.
• No pressure return: Avoid expectations for a quick return to full productivity. A phased or gradual reintegration can help.
• Time off for partners: Recognise that partners are also affected and may need time to grieve and support their loved one.

By combining compassionate communication, flexible practices, and an open culture, employers can help employees feel supported, valued, and safe at one of the most vulnerable moments in their lives.

What policies and training should be in place to handle miscarriage leave? 

Implementing clear policies and providing targeted training empowers managers to handle miscarriage leave effectively and to support affected employees with compassion.

Here are some of our top tips for the workplace:

Implement a Pregnancy Loss or Miscarriage Leave Policy

• Implement a policy that clearly defines what constitutes a miscarriage (before 24 weeks), and outlines the available support. Ensure that this information is accessible and known to all employees.
• The policy should address leave for partners and intended parents. It should explain how to request leave and show how management tracks leave. Additionally, it should provide details about resources and charities that can support the employee.
• Update the employee handbook to include the definition of miscarriage leave and policy details.

Educate yourself and your employees on miscarriage leave

• Provide training on how to speak sensitively with someone experiencing a miscarriage. In the training, highlight the importance of active listening, empathy, and avoiding insensitive language.
• Ensure that you and your employees understand statutory rights related to miscarriage, sick leave, and discrimination protections. Provide clarity on any related internal policies and processes.
• Provide training on handling sensitive information respectfully and discreetly. This should include knowing what to share and with whom (on a need-to-know basis only).
• Increase company-wide awareness of how grief can affect employees emotionally and cognitively. Signpost any internal or external mental health resources

Develop guidance on managing a return to work after a miscarriage

• Provide company-wide guidance which outlines how to reintroduce an employee to work after a miscarriage. This should include guidance on how to collaborate with the employee to create a plan that ensures a seamless return to work. Finally, ensure that managers know how to manage flexible work arrangements with fairness and consistency.

Where can employers find reliable resources and support? 

Employers should depend on reliable and updated resources to ensure compliance and to offer valuable assistance regarding miscarriage leave.

Here are some trusted sources of practical tools and expert support:

• ACAS offers clear, practical advice on handling leave and workplace conversations, plus training support if needed.
• Charities such as the Miscarriage Association, The Worst Girl Gang Ever Foundation, and Tommy’s. They offer excellent toolkits, templates, and training to understand the emotional side of miscarriage.
• Don’t forget mental health resources. Mind and Employee Assistance Programmes (if offered) can help support employees who are dealing with grief. They can also provide training for managers on how to respond appropriately.

If your business needs support with drafting workplace policies or enhancing HR practices, we are here to help. We can assist you with implementing changes that value legal compliance whilst ensuring a compassionate approach to bereavement leave.

In short: reliable help is out there, both for staying compliant and doing the right thing.

Preparing your business for the upcoming employment law changes 

We understand that the upcoming employment law changes can be overwhelming. We can help you ensure that you have the appropriate policies that not only meet the legal minimum, but also recognise the importance of compassion and empathy in handling employment matters such as miscarriage leave.

Miscarriage can happen suddenly and without warning. Therefore, employers must be proactive in creating appropriate policies and training. Prompt action facilitates a straightforward process that assists both the employer and employee in dealing with the situation.

If you are unsure how the new miscarriage leave requirements might affect your workplace policies, we can help. We can provide advice that is tailored to your business and sector-specific needs. Our employment team is ready to assist you in preparing for the government employment reforms and the Employment Rights Bill – with no pressure or legal jargon. Contact us today!