Miscarriage leave: what new bereavement leave right means for employers

From April 2027, employees in Great Britain will have a legal right to take up to two weeks' unpaid bereavement leave after a miscarriage or other pregnancy loss before 24 weeks. Their partners will have the same right, from their first day in a job.

Prime Minister Andy Burnham announced the change in September, as the government set out who the new right will cover under the Employment Rights Act 2025. Until now, the law only recognised a pregnancy loss as a bereavement after 24 weeks. Anyone who lost a pregnancy earlier had no statutory right to time off. They used sick leave or annual leave, or relied on their manager's goodwill.

The leave is unpaid. Miscarriage UK and Sue Ryder have both called for it to be paid, and Miscarriage UK hopes employers will treat the new right as a baseline to build on. You have six months to decide where your policy sits.

What does the new statutory bereavement leave right include?

The new right gives employees up to two weeks' unpaid leave after the death of a close relative or a pregnancy loss before 24 weeks.

• A day-one right. There's no qualifying period of service.
• Flexible timing. People can take the leave in separate days or shorter blocks, any time within 56 weeks of the loss.
• Wider family cover. The loss of a spouse, partner, parent, adult child or sibling qualifies, including step, half, adoptive, foster and kinship care relationships.
• Protection from detriment. Employees can't be treated unfairly for taking it.

The new right sits alongside existing paid parental bereavement leave, which covers the death of a child under 18 or a stillbirth from 24 weeks.

Who can take bereavement leave after a miscarriage?

The right applies to the person who experienced the loss and to their spouse or partner. It also covers the other biological parent and intended parents in a surrogacy arrangement.

Every type of pregnancy loss before 24 weeks counts. That includes miscarriage, termination and an IVF embryo transfer that doesn't result in a pregnancy.

What should employers change in their bereavement policy?

Start by naming pregnancy loss in your policy, then decide whether you'll pay the leave. Six changes to make before April 2027:

1. Name pregnancy loss in your bereavement policy. List what's covered, including miscarriage, ectopic pregnancy, termination and IVF transfer loss. If it isn't written down, people won't assume it applies to them.
2. Decide whether you'll pay it. Unpaid leave is the legal minimum. Some people can't afford to take it, so they come back too early or go off sick instead. Both show up later as absence and presenteeism.
3. Plan for leave taken in pieces. With a 56-week window, people may take a day for a follow-up scan, the original due date or the anniversary of the loss. Make sure your absence system can record single days.
4. Keep the request simple. Someone asking for this leave shouldn't have to explain their medical history to their line manager.
5. Brief line managers. They need to know the right exists, that it covers partners of any gender, and what to say when someone tells them.
6. Check what sits behind the leave. Time off is one part of support. Look at what your benefits offer when the person comes back.
   
   

How can employers support people after a pregnancy loss?

Give people access to specialist clinical support that lasts beyond the two weeks of leave. The harder questions often come later: physical recovery, going back to work, whether and when to try again, another round of IVF.

Most employers already have an Employee Assistance Programme (EAP), and many offer private medical insurance (PMI). An EAP gives short-term counselling from a generalist. PMI cover for fertility and pregnancy care is limited. Neither gives someone access to a specialist who understands pregnancy loss.

Peppy gives your people unlimited, confidential access to specialist clinicians in fertility, pregnancy and parenthood, and women's health, through an app. Someone who has had a miscarriage can talk to a specialist about their recovery and what comes next. Their partner can get support in their own right. Someone between IVF cycles can get guidance from a fertility specialist. Peppy supports 250+ employers in 20+ countries and over 3 million people.

If you're updating your bereavement policy before April, talk to us about what support could sit behind it.

Frequently asked questions

When does bereavement leave for miscarriage start in the UK?

April 2027. The right applies to employees in England, Scotland and Wales.

Is bereavement leave paid in the UK?

The new statutory bereavement leave is unpaid. Employers can choose to pay it. Parental bereavement leave, for the death of a child under 18 or a stillbirth from 24 weeks, is paid.

How long is bereavement leave in the UK?

Up to two weeks. Employees can take it in separate days or blocks within 56 weeks of the death or pregnancy loss.

Do employees need a minimum length of service to qualify?

No. It's a day-one right.

Can a partner take bereavement leave after a miscarriage?

Yes. Spouses, civil partners, partners, the other biological parent, intended co-parents and intended parents in a surrogacy arrangement are all eligible.

Does bereavement leave cover a failed IVF transfer?

Yes. An IVF embryo transfer that doesn't result in a pregnancy counts as a pregnancy loss under the new right.

Does bereavement leave cover grandparents?

Grandparents aren't on the list the government has set out. The right covers a spouse, partner, parent, adult child or sibling, including step, half, adoptive, foster and kinship care relationships. Employers can choose to go further.

Does the new right apply in Northern Ireland?

No. Northern Ireland sets its own employment law and already gives two weeks' paid leave after a miscarriage.