Pregnancy loss is devastating. According to the UK’s Miscarriage Association, one in four pregnancies result in miscarriage (defined in the UK as the loss of a pregnancy within the first 23 weeks and six days of pregnancy). According to the NHS, around one in 90 UK pregnancies is ectopic and one in every 200 births in England is a stillbirth (death occurring after 24 weeks of pregnancy).
Despite the statistics, pregnancy loss seems to still be very much a taboo subject and people are uncomfortable raising it with employers or colleagues. The fact that many people do not announce their pregnancy within the first 12 weeks (which is when most miscarriages occur) increases the likelihood of them being isolated when faced with pregnancy loss and feeling like they have to deal with the bereavement alone and without support.
Having a formal policy in place sends a clear message to staff that those affected by pregnancy loss should not feel shy about coming forward and that they will be met with support by their employer if they do. It enables people to ask for help without fear of being discriminated against, stigmatised, or judged. It is also a significant step towards normalising what has historically been a taboo subject.
The current legal position in the UK
Since 6 April 2020:
• employees have the right to take statutory parental bereavement leave on the death of a child under 18 years of age, including stillbirth after 24 weeks of pregnancy.
• if stillbirth occurs after 24 weeks of pregnancy, the parents are entitled to the same statutory maternity and paternity leave and pay they would have been entitled to, had the stillbirth not occurred.
• neither of the above apply to other forms of pregnancy loss.
Where there is pregnancy loss before 24 weeks:
• there is no legal entitlement to any leave or pay in those circumstances.
• employers have the discretion to offer their staff leave under:
o their compassionate leave policy (if they have one),
o annual leave, or
o unpaid leave.
• the employee may also be signed off sick for medical reasons.
A policy for pregnancy loss
An employer could offer to all employees, regardless of their length of service or sex/gender, all or some of the following:
• ten days’ paid leave if they or their partner experience the loss of a baby through miscarriage, abortion, stillbirth, ectopic pregnancy, or neonatal pregnancy, without having to certify their absence.
• paid leave to attend medical appointments (or to accompany a partner to such appointments) that do not fall within the agreed period of leave (for example, medical examinations, scans/tests, and mental-health-related appointments).
• staff may also be entitled to additional leave under the firm’s existing sickness absence, annual leave, or compassionate leave policies.
What else can employers do?
Putting in place a formal policy is clearly one way of supporting staff affected by pregnancy loss. However, there are plenty of other things employers can do:
• raising awareness of pregnancy loss by sharing information and promoting open conversations about the matter so that it is not seen as a taboo or “no-go area”. Employees should be given comfort that they can have confidential conversations with their manager or HR in the event they are affected by pregnancy loss.
• signposting other sources of information and support, such as any employee assistance programmes offered.
• training managers in spotting the signs that an employee may be experiencing loss and how to support them by sensitively acknowledging their situation, explaining what help the employer can provide, and reassuring them that they will not be disadvantaged if they take leave.
• extending existing benefits such as compassionate leave and pay to expressly cover pregnancy loss.
• offering paid leave for employees to attend medical appointments associated with pregnancy loss (including mental-health-related appointments).
• offering unpaid leave to those who need time off for an extended period, such as those suffering from extended physical or mental effects of pregnancy loss.
• offering a phased return to work and, possibly, flexible working to those who take a period of leave following pregnancy loss.
If you are interested in discussing or adding a ‘pregnancy loss policy’ to your staff handbook do email nicola.goodridge@goodhr.co.uk or call Nicola on +44 7917 878384
