Pregnancy loss is grief, and the law is finally catching up
Miscarriage is one of the most common experiences in working life, and one of the least talked about. Many people go back to work within days, carrying something huge that nobody around them knows about.
That’s starting to change.
What’s changing
The government has confirmed it will extend ‘day one’ bereavement and pregnancy loss rights to employees from next April. Anyone who experiences any type of pregnancy loss, including miscarriage, termination and unsuccessful IVF embryo transfer, will be entitled to up to two weeks of unpaid leave. So will their partners.
Here’s what this means in practice:
- It’s for partners too. Other biological parents, partners (whether or not they live together) and intended parents in a surrogacy arrangement are all included.
- It’s flexible. The leave can be taken any time within 56 weeks of the loss, and in separate single days.
- No proof is needed. Employees won’t have to provide evidence to take the leave.
- It’s protected. People who take it are protected from detriment or dismissal for doing so.
This closes a painful gap. Until now, many people who lost a pregnancy before 24 weeks had to use sick leave, annual leave or unpaid leave if they couldn’t face going back to work.
Unpaid, for now
The statutory leave is unpaid, but employers are free to offer paid bereavement leave on top. Miscarriage UK welcomed the change as a meaningful step in recognising pregnancy loss as bereavement, while still pressing for the leave to be paid.
A policy is a starting point. It’s how people are treated that makes the difference.
How to support someone at work
Most of the impact happens in the first conversation. Here’s what helps:
✅ Say something. Silence feels like indifference. “I’m so sorry. Take whatever time you need” is enough.
✅ Don’t minimise. Avoid “at least it was early” or “you can try again.” There’s no hierarchy of grief.
✅ Remember partners. They’re grieving too, and often overlooked.
✅ Let them lead. Ask how much they want colleagues to know, and who should tell them.
✅ Plan the return together. Phased hours, lighter duties, or working from home can all help. Check in after the first week, not just the first day.
✅ Watch for difficult dates. Due dates and anniversaries can hit hard months later. Flexible leave makes room for this.
✅ Signpost support. Your EAP, occupational health, or charities such as the Miscarriage Association and Tommy’s.
A neurodivergent lens
Grief can show up differently for neurodivergent employees. Executive function may drop sharply, sensory sensitivity can increase, and processing can be delayed, sometimes appearing weeks later. Clear written information about leave options, without needing to ask in person, takes away one more hard conversation.
Getting ready for April
Now is the time to:
- Review your bereavement and absence policies
- Decide whether you’ll enhance the leave with pay
- Make sure managers know the new rights exist
- Train managers on how to have the conversation
