Legal update – Statutory Bereavement Leave for Miscarriage: What It Means for UK SMEs
MPs are set to propose an amendment to the Employment Rights Bill that would introduce statutory bereavement leave for employees who experience a miscarriage. This change aims to align the legal provisions for pregnancy loss before 24 weeks with those already in place for baby loss after 24 weeks.
The Women and Equalities Committee (WEC) has called for this amendment, stating that the emotional and physical impacts of pregnancy loss before 24 weeks are comparable to bereavement. The committee’s report emphasised that a period of paid leave should be made available to all women and their partners who endure such losses. “The case for a minimum standard in law is overwhelming,” the report concluded.
Since April 2020, employees have been eligible for statutory parental bereavement leave and pay if they lose a child under the age of 18 or experience a stillbirth after 24 weeks of pregnancy. This entitlement includes:
- Two weeks of leave, which can be taken as a single block or in two separate weeks.
- Statutory bereavement pay of £184.03 per week or 90% of average weekly earnings, whichever is lower.
However, there is currently no statutory provision for pregnancy loss before 24 weeks, leaving employees to rely on sick leave or employer goodwill.
Sarah Owen, chair of the WEC, has highlighted the emotional and physical toll of miscarriage, in that legally having to take time off sick to deal with her grief and deep sense of loss, but yet not deeming herself as being sick. Despite the prevalence of these experiences, current legislation has yet to fully address this pressing issue.
Research indicates that more than one in five pregnancies ends before 24 weeks, yet only 12% of employers currently have policies addressing pregnancy loss.
The proposed changes would extend statutory parental bereavement leave and pay to employees who experience:
- Miscarriage
- Ectopic pregnancy
- Molar pregnancy
- IVF embryo transfer loss
- Terminations for medical reasons
While many larger organisations, like the NHS, already offer paid leave for pregnancy loss, this is far from universal in the private sector. For SMEs, the introduction of statutory bereavement leave for miscarriage would represent both a challenge and an opportunity:
Challenges:
- Financial Burden: SMEs often have limited resources compared to larger organisations. The requirement to provide statutory bereavement pay and manage associated costs could strain their budgets.
- Administrative Complexity: Smaller businesses may lack dedicated HR teams to handle new legal requirements, adding to their workload.
- Policy Adjustments: SMEs would need to update internal policies, communicate changes to employees, and provide training to managers, which could require additional investment.
Opportunities:
- Improved Employee Morale: Offering compassionate leave policies can build trust and demonstrate that the business values its employees’ wellbeing.
- Retention and Recruitment: SMEs that adopt family-friendly policies early may attract and retain talent, particularly those seeking empathetic and supportive employers.
- Positive Reputation: Proactively addressing sensitive issues like pregnancy loss can enhance the company’s reputation, both internally and externally.
In essence, while statutory bereavement leave for miscarriage may require SMEs to allocate resources and adapt to new obligations, it also provides an opportunity to create a more supportive work environment that fosters employee loyalty and strengthens the business’s culture and reputation.
The proposed amendment to the Employment Rights Bill marks a significant step toward recognising the profound impact of pregnancy loss on employees. For SMEs, this change will require adjustments but also presents an opportunity to foster a compassionate and supportive workplace. By preparing now, SMEs can not only ensure compliance but also demonstrate leadership in creating an inclusive and empathetic work environment.
