The government has announced that, under the new Employment Rights Bill, parents who experience pregnancy loss before 24 weeks will be eligible for Parental Bereavement Leave.
According to the NHS, approximately 1 in 8 pregnancies result in miscarriage. The charity Tommy’s reports that between 10 – 20% of miscarriages occur within the first 12 weeks of pregnancy.
Under existing legislation, parents are entitled to bereavement leave if they lose a child under the age of 18, or if they experience a stillbirth after 24 weeks of pregnancy. This applies to biological parents, adoptive parents, parents through surrogacy and the partners of any of these individuals. Eligible parents can take up to two weeks of Parental Bereavement Leave for each child who has died or was stillborn. For part-time employees, a ‘week’ is defined by the number of days they normally work in a week. The leave can begin on or after the date of the child’s death or stillbirth. In additional to leave, parents may be eligible for Statutory Parental Bereavement Pay, which is currently set at either £187.18 per week or 90% of their average weekly earnings, whichever is lower. To be eligible for this pay, parents must:
- Have been employed by their current employer for at least 26 weeks;
- Continue to be employed on the date of the child’s death or stillbirth;
- Earn an average of at least £125 per week before tax over the previous 8 weeks; and
- Provide their employer with the correct notice and information.
Under the new proposals, parents who experience pregnancy loss before 24 weeks would be entitled to at least one week of unpaid leave. The length of leave has not yet been finalised and may be extended. Key details – such as who will be eligible and whether medical documentation, such as a doctor’s note, will be required – are still under consideration. These specifics will be clarified following a government consultation. If implemented, the new policy would apply in Scotland, England and Wales.
The government has vowed to a broader review of the entire parental leave system, including Maternity Leave, Paternity Leave, and Shared Parental Arrangements. This signals a wider shift in the structure of parental support within the workplace, with further developments expected in the near future.
For further advice on Parental Bereavement Leave or any other employment law issues, please contact the Thorntons Employment Law team on 03330 430350.
