The measure addresses a gap in existing employment law, which does not provide statutory bereavement leave for pregnancy loss before 24 weeks. It forms part of wider changes to workplace rights, with new provisions covering other forms of family bereavement and greater flexibility over when leave can be taken.
New Bereavement Rights Will Cover Miscarriage, IVF Loss and Terminations
According to the Daily Express, the new entitlement will apply to employees who experience miscarriage, pregnancy termination or an unsuccessful IVF embryo transfer. Partners, other biological parents and intended parents involved in surrogacy arrangements will also qualify.
Under current legislation, parental bereavement leave and pay are available when an employee or their partner loses a child under 18, or experiences a stillbirth after 24 weeks of pregnancy. The forthcoming changes will extend leave rights to pregnancy loss at any stage.
The government has confirmed that employees will not be required to provide evidence of their loss. This provision is intended to protect their privacy during what may already be a difficult period. Announcing the measure during Baby Loss Awareness Week, Burnham acknowledged that existing protections had left some families without a legal entitlement to time away from work.
As reported by BirminghamLive, the Prime Minister said: “From April, women and their partners will be entitled to two weeks’ leave following any pregnancy loss. I know this isn’t perfect and I want to do more.”
He described the entitlement as a legal minimum and encouraged employers to offer paid leave where possible. The statutory provision itself will be unpaid. The announcement comes alongside government efforts to improve maternity services, including work by the National Maternity and Neonatal Taskforce and plans to extend Martha’s Rule to every ward.
Workers Will Have Greater Flexibility Over When They Take Leave
The reforms will also extend bereavement leave to employees who lose a spouse or partner, parent, adult child or sibling. Step, half, adoptive, kinship care and foster relationships will be included within the expanded provisions.
According to the Daily Express, eligible employees will be able to take their leave flexibly within 56 weeks of a bereavement, including as individual days rather than one continuous period.
Those taking leave during the first eight weeks following a loss will only need to inform their employer as soon as reasonably practicable, rather than giving advance notice. Employees exercising their statutory entitlement will also receive protection against dismissal or other detrimental treatment connected to taking bereavement leave.
Minister for the Future of Work Kate Dearden welcomed the changes, saying: “No one should have to fight for time to grieve.” The government is separately reviewing the wider parental leave and pay system, including provisions associated with Hugh’s Law and support for parents whose children are terminally ill. Burnham has also pledged further action on maternity care, with a new plan expected by the end of 2026 to strengthen accountability and standards across the system.
