Legal update – New Bereavement Leave Amendments for UK Employers
Recognising Pregnancy Loss: New Bereavement Leave Amendments for UK Employers
The UK government has announced on 11th March 2025 its full support for the principle of bereavement leave for pregnancy loss and will incorporate amendments into the Employment Rights Bill. These changes, backed by 87 MPs, aim to include miscarriage in bereavement rights, recognising the profound emotional and physical impact of pregnancy loss at any stage.
Employment Rights Minister Justin Madders reinforced that bereavement is neither an illness nor a holiday, but a unique category of leave that requires recognition. This shift in perspective highlights the need for businesses to update their workplace policies to accommodate those experiencing pregnancy loss.
Legislative changes are now on the horizon, with the government committing to amending the Employment Rights Bill to ensure employees who experience pregnancy loss before 24 weeks are entitled to leave and pay. The proposed amendments extend to miscarriage, ectopic pregnancy, molar pregnancy, embryo transfer loss during IVF, and medical terminations. This also includes a new entitlement to statutory pregnancy loss pay, which will provide financial support to those affected.
The Women and Equalities Committee (WEC) has recommended that paid leave should be available for all women and partners who experience pregnancy loss before 24 weeks. While the government has not yet confirmed statutory paid leave, its commitment to exploring options marks significant progress. Employers should anticipate the introduction of clear, legally mandated bereavement leave provisions and take steps now to prepare for compliance.
Once these changes are implemented, the UK will become one of only four countries worldwide to legally require employers to grant leave for pregnancy loss. This positions the UK as a global leader in recognising the impact of miscarriage and supporting employees during a profoundly difficult time.
The introduction of bereavement leave for pregnancy loss will have a significant impact on workplace policies and culture. HR departments will soon be expected to begin reviewing and updating their leave policies to ensure they align with forthcoming legal requirements. In addition to policy changes, fostering a workplace culture that acknowledges the emotional impact of pregnancy loss is essential. Employers should provide flexible bereavement leave options and train managers to handle sensitive conversations with empathy and understanding.
Recognising pregnancy loss as a bereavement rather than an illness aligns workplace policies with the emotional realities faced by employees. This approach not only strengthens company culture but also fosters trust, engagement, and loyalty among employees who feel supported during challenging times. Companies that embrace these changes will likely see improvements in staff morale, retention, and productivity, as employees are more inclined to remain with organisations that prioritise their well-being.
Furthermore, these amendments intersect with other leave entitlements, such as the Neonatal Care (Leave and Pay) Act, which comes into effect in April 2025. This legislation entitles eligible parents to up to 12 weeks’ neonatal care leave and pay, reinforcing the importance of comprehensive leave provisions for employees dealing with family and medical challenges. Employers must ensure that their policies reflect both neonatal care leave and pregnancy loss bereavement leave to offer holistic support to their workforce.
Ultimately, creating a compassionate and flexible work environment benefits both employers and employees. By acknowledging the significance of pregnancy loss and implementing bereavement policies that reflect this reality, businesses can establish a culture of inclusivity, respect, and genuine care. These upcoming legislative changes offer a crucial moment for employers to align their policies with best practices and create a supportive framework that ensures all employees are given the time they need to grieve and recover.
