MPs have suggested that women and their partners should have the right to paid bereavement leave in the event of a miscarriage. Sick leave is an “inappropriate and inadequate form of employer support” for couples following such a pregnancy loss, the Women and Equalities Committee said.
Since April 2020, workers can be eligible for statutory parental bereavement leave and pay if there is a stillbirth after 24 weeks of pregnancy, but there’s no dedicated leave for pre-24 week losses, including miscarriages.
The committee is advocating for the two-week leave period to be extended to those grieving because of early pregnancy losses as well.
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It has been estimated that over one in five pregnancies end before the 24th week, with between 10% to 20% concluding during the first trimester, often referred to as early miscarriage. Although a number of employers, including NHS Trusts and the Co-op, do offer specific pregnancy loss leave and pay policies, MPs point out that there are “very substantial gaps in provision”.
The committee praised the introduction of baby loss certificates but emphasised that this “does not go far enough and it should be backed up by statutory support”. They highlighted: “There is no statutory acknowledgement of the grief many women and their partners will feel after a pre-24-week pregnancy loss and the effects this may have on their working lives.”
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The committee, while gathering evidence, learned that sick pay is insufficient for many women and their partners to afford the necessary time off. Additionally, it lacks the confidentiality many women desire, as employees often have to disclose the reason for their absence directly to their line manager.
Committee chairwoman Sarah Owen has previously shared her own experience of loss, stating she was “not prepared for the grief of miscarrying”. The committee plans to propose amendments to the Employment Rights Bill.
It stated: “They seek to extend the same entitlements to statutory parental bereavement leave and pay as are currently available to parents bereaved by the loss of children and stillbirths to employees who experience pre-24-week pregnancy losses.
“This would include those who experience miscarriage, ectopic pregnancy, molar pregnancy, in vitro fertilisation embryo transfer loss, and terminations for medical reasons.”
Labour MP Sarah Owen has previously spoken of her own personal experience of loss -Credit:PA Media
Labour MP Ms Owen said: “I was not prepared for the shock of miscarrying at work during my first pregnancy. Like many women, I legally had to take sick leave. But I was grief-stricken, not sick, harbouring a deep sense of loss.
“The committee’s report found many private sector employers, plus the NHS, the largest public sector employer of women, are successfully offering paid bereavement leave for those who miscarry, but provision is not universal.
“The case for a minimum standard in law is overwhelming. A period of paid leave should be available to all women and partners who experience a pre-24-week pregnancy loss. It’s time to include bereavement leave for workers who miscarry in new employment rights laws.”
The committee has urged the Government to support the amendments or bring forward its own “to ensure that all those who experience the physical and emotional pain and grief of pregnancy and baby loss are able to access the support they need”.
A spokesperson for the Department for Business and Trade said: “Losing a child at any stage is incredibly difficult and we know many employers will show compassion and understanding in these circumstances.
“Our Employment Rights Bill will establish a new right to bereavement leave, make paternity and parental leave a day one right, and strengthen protections for pregnant women and new mothers returning to work.”