New bereavement leave rights for pregnancy loss explained as UK government announces major eligibility update
The Government has announced that a new right to leave for workers who have suffered bereavement will cover loss during early pregnancy and a broad range of relationships.
From April 2027, the bereavement right will apply to workers who lose a spouse or partner, parent, adult child or sibling.
Additionally, step and half-relatives will also be included, as well as adoptive and kinship care and foster relationships, which currently have no legal protection regarding leave.
Women and their partners who experience a pregnancy loss before 24 weeks, including miscarriage, a termination and an unsuccessful IVF embryo transfer, will be entitled to up to two weeks of unpaid time off work.
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At the moment, there is an existing right to leave for parents who experience a stillbirth after 24 weeks of pregnancy, or the death of a child under 18.
The Employment Rights Act 2025 introduced a new right to unpaid leave for employees who experience the loss of a loved one.
Monday’s announcement (21 September) follows a consultation aimed at ensuring the new entitlement is 'shaped with the needs of employees and employers'.
The move follows campaigning, including by grieving parents who had no formal recognition of their loss, to end 'inconsistency and confusion', the Department for Business, Innovation, Science and Trade said.
Despite estimates that one in five women in the UK experience a miscarriage, there is no legal right to bereavement leave in these circumstances.
Work minister Kate Dearden said: "No-one should have to fight for time to grieve.
"These changes back people going through some of the hardest moments of life, whoever they are and wherever they work.
"I want to thank the campaigners whose courage and testimonies have made this change happen."
The department said that while the vast majority of affected workers have understanding employers, there needs to be a 'safety net beyond this discretion'.
Regarding loss during pregnancy, the right to bereavement leave will apply to partners, the other biological parent, or intended parents in a surrogacy arrangement.
"This recognises in law that pregnancy loss affects the whole family and that all families across Great Britain have their grief acknowledged and are treated fairly at one of the hardest times in life," the Department said.
Vicki Robinson, Miscarriage UK chief executive, said: "This is an important step in recognising pregnancy loss as a bereavement and the profound impact it can have, and we hope will provide a baseline for employers to go further.
"We still strongly believe bereavement leave should be paid, and we will continue to press for this through our leave for every loss campaign.
"We will continue work with Government to ensure the detail and guidance provide meaningful and compassionate support for everyone affected by pregnancy loss."
TUC general secretary Paul Nowak said: "No one experiencing the devastating loss of a loved one or a pregnancy should have to worry that they cannot take the time off to grieve.
"Most employers already provide workers with time off after bereavement. But these new protections will make sure all working families have the time and space they need during some of life’s toughest moments.
"They show that stronger workers’ rights are not just good for employees and employers; they are the foundation of a fairer and more decent society."
Natasha Letchford, Partner in the Employment team at Wilsons Solicitors, told Tyla: "These new rights will be welcomed by employees at what is likely to be a particularly difficult time. "However, as the statutory right is unpaid unless employers choose to offer an enhancement, it remains to be seen how frequently the new rights are used or whether staff will take sick leave, which is now paid from day one."
The expert added: "With so many changes coming into force in the next 12 months, it will be particularly important that these new rights are publicised sufficiently, and guidance is available so that small and medium-sized businesses are aware of their obligations."
If you need support and advice following a pregnancy loss, you can contact the Tommy’s team at [email protected]. You can also call them for free on 0800 014 7800, Monday to Friday, 9am to 5pm.
If you have experienced a bereavement and would like to speak with someone in confidence, contact Cruse Bereavement Care via their national helpline on 0808 808 1677.
Topics: Jobs, Pregnancy, UK News, Women's Health, Politics
Rhiannon Ingle