WEC Report – the case for pre-24 week pregnancy loss bereavement leave is “overwhelming”

Employees are currently able to take one or two weeks’ bereavement leave following the death of a child under 18 or a stillbirth after 24 weeks. Statutory pay is available for employees with at least six months’ continuous service, although some employees may choose to take sick leave instead.

The Women and Equalities Committee (WEC), a select committee of the House of Commons, published a report on 15 January 2025 stating that a period of paid leave should be available to all women and partners who experience a pre-24 week pregnancy loss.

The report highlights the fact there are statutory protections for employees who suffer pregnancy loss after 24 weeks, but nothing for miscarriage or pregnancy loss before 24 weeks. The report explains that the physical and emotional impacts of such losses can be severe and comparable to other forms of bereavement. Currently there is nothing to acknowledge this grief, and whilst employees are able to take sick leave, the report says that sick leave is “inappropriate and inadequate” as it does not provide adequate confidentiality or dignity and puts them at higher risk of discrimination.

What are the recommendations?

The report recommends:

• Employees that experience pre-24 week pregnancy loss (including miscarriage, ectopic pregnancy, molar pregnancy, IVF embryo transfer loss and terminations for medical reasons) to have the same rights to statutory parental bereavement leave and pay as parents bereaved by the loss of children and stillbirths.
• The government to work with organisations such as CIPD, Acas and the TUC to promote the benefits of generous and flexible pre-24 week pregnancy loss leave policies, as well as strengthening guidance to ensure that, where policies are in place, staff are aware of them.

Amendments to the Employment Rights Bill

The WEC say the ER Bill should be amended to extend parental bereavement leave and pay, and it has called on ministers to support the recommendations. The ER Bill currently provides for a new right for employees to at least one week of unpaid bereavement leave, which will be a day one right. However, the fact it is unpaid is likely to affect uptake, unless employers offer more generous benefits.

Key takeaways

There is nothing for employers to do at the moment. However, it will be worth keeping an eye on developments in this area. If your business currently has a policy that offers leave to women that miscarry, it may be a good idea to assess uptake since the policy was introduced and the action taken to ensure staff (and new starters) are aware of it. ??

If you or your business require any assistance relating to this post or any of the governmental developments please contact a member of the Employment, Pensions & Immigration department who will be happy to help.