An estimated one in four pregnancies ends in miscarriage and there is currently a limited legal entitlement to leave or pay during this time.
A miscarriage is defined as the loss of pregnancy within the first 23 weeks and 6 days. If the loss occurs after 24 weeks of pregnancy, this is classed as a still birth. The pay and leave entitlements differ for each.
Miscarriage
There is no legal entitlement to leave or pay for miscarriages. This means parents typically have to take sick leave, annual leave or compassionate leave.
Still Birth
Parents will qualify for two weeks statutory parental bereavement leave, and where eligible, pay, for a still birth. They may also be entitled to statutory maternity or paternity leave and pay.
These differences result in a significant support gap for those experiencing the loss of their baby before 24 weeks of pregnancy.
While there is currently a Private Member’s Bill making its way through parliament which seeks to give three days paid leave for parents who have experienced miscarriage, currently employers are relied upon to provide support.
What Can You Do To Support Employees?
As an employer, the first step in supporting employees experiencing the loss of their child is to review the support you currently provide and consider the following:
- Implement a miscarriage policy
A miscarriage policy may include providing employees with additional leave and pay which enables them to attend hospital and process the emotional and physical effects of their recent loss
- Raise awareness of pregnancy loss
Miscarriages are rarely talked about, especially in a professional setting. Raising awareness and offering training (particularly to HR employees) that educates them on pregnancy loss and provides advice on how to sensitively deal with the matter is vital
- Provide resources which offer support
It’s important to ensure that support is available to employees. Access to Mental Health First Aiders who can assist employees is an important step in the package of support that is available. Another common option is access to an employee assistance programme, as well as private healthcare which may provide counselling and bereavement support.
With an increase in flexible working, employees are increasingly reassessing their priorities and their expectations of employers. It is thus a good time for employer to reassess their approach to employee wellbeing, with a focus on pregnancy loss support. Putting the health of employees first will ultimately lead to higher productivity, enhance employee retention, and reduce absence rates.
If you would like to discuss any points in this article further or are looking for legal advice relating to pregnancy loss either as an employee or as an employer, please contact our People Services team at Spire Solicitors LLP on 01603 677077.
