Baby loss leave covers paid or unpaid time off for employees who experience miscarriage, stillbirth or the death of a newborn. Historically, the only statutory leave available was maternity leave for stillbirth after 24 weeks of pregnancy, leaving employees who experienced earlier pregnancy loss with no specific legal protection. This has changed significantly in recent years, with several countries introducing dedicated baby loss leave. In the UK, the Employment Rights (Miscarriage, Stillbirth and Neonatal Death) Act 2024 introduced two weeks of paid leave for employees who experience pregnancy loss before 24 weeks, and Australia’s Paid Parental Leave scheme includes provisions for early pregnancy loss.
Key Takeaways
- The UK now provides two weeks of paid leave for pregnancy loss before 24 weeks under the 2024 Act
- In Australia, parents who experience a stillbirth after 20 weeks can access Paid Parental Leave
- Employers should create a compassionate and supportive environment for employees experiencing baby loss
What Is Baby Loss Leave?
Baby loss leave is a specific form of absence that recognises the physical and emotional impact of pregnancy loss, stillbirth and neonatal death. It provides employees with dedicated paid or unpaid time off to grieve, recover physically and access support services. The leave is separate from maternity leave, paternity leave or compassionate leave, and is designed to address the specific needs of employees who have experienced the loss of a baby.
The significance of baby loss leave lies in its recognition that pregnancy loss is a significant life event that deserves dedicated support. Before these provisions were introduced, employees who experienced early pregnancy loss — before the 24-week threshold in the UK — had no specific statutory leave. They were often forced to use sick leave, annual leave or unpaid leave, which added to the distress of an already difficult experience.
Baby loss leave also recognises the physical recovery required after pregnancy loss. Miscarriage can involve physical symptoms that require medical attention and recovery time, and stillbirth involves the same physical recovery as a live birth. Providing dedicated leave ensures that employees can take the time they need without depleting their other leave entitlements.
The introduction of baby loss leave reflects a broader shift in workplace culture towards recognising and supporting employees through significant life events. It sends a clear message that pregnancy loss is a valid and important reason for taking time off, and that employees should not have to minimise or hide their experience.
Who Is Eligible for Baby Loss Leave?
United Kingdom
The Employment Rights (Miscarriage, Stillbirth and Neonatal Death) Act 2024 introduced two weeks of paid leave for employees who experience pregnancy loss before 24 weeks. This is available to both parents and is paid at the statutory rate. For stillbirths after 24 weeks, the existing maternity leave provisions apply — the mother is entitled to up to 52 weeks of maternity leave, and the partner is entitled to paternity leave. Neonatal leave — leave for parents of babies admitted to neonatal care — was also introduced under the Neonatal Care (Leave and Pay) Act 2024, providing up to 12 weeks of paid leave.
Australia
Under the Paid Parental Leave scheme, parents who experience a stillbirth after 20 weeks of pregnancy are eligible for the Government’s Paid Parental Leave payment. The scheme provides up to 20 weeks of government-funded pay at the national minimum wage. For miscarriage before 20 weeks, there is no specific statutory leave, but employees may access personal/carer’s leave or compassionate leave.
United States
There is no federal statutory right to baby loss leave. The FMLA provides up to 12 weeks of unpaid leave for qualifying family and medical reasons, which may include the serious health condition of the employee following a miscarriage or stillbirth. Several states have enacted paid family leave programmes that may cover pregnancy loss. California, New York and New Jersey provide paid family leave that can be used for bonding with a child after birth, which applies to stillbirths.
Baby Loss Leave Entitlements by Country
| Country | Entitlement | Pay | Key Detail |
|---|---|---|---|
| UK | 2 weeks paid leave for loss before 24 weeks | Statutory pay rate | Neonatal leave of up to 12 weeks also available |
| AU | Paid Parental Leave for stillbirth after 20 weeks | National minimum wage | No specific leave for miscarriage before 20 weeks |
| US | FMLA provides up to 12 weeks unpaid | Unpaid federally | State paid family leave may apply |
How to Request Baby Loss Leave
- Notify your employer — inform your manager or HR about the pregnancy loss and your need for leave. You are not required to provide graphic details.
- Provide medical evidence if requested — employers may request a medical certificate confirming the pregnancy loss.
- Specify the leave type — clarify whether you are taking baby loss leave, maternity leave or compassionate leave, depending on the circumstances.
- Agree on the duration — discuss how much time you need and when you expect to return.
- Access support services — ask your employer about employee assistance programmes, counselling services or bereavement support.
Employer Obligations for Baby Loss Leave
- Grant the leave — comply with statutory baby loss leave provisions and any company policy on pregnancy loss
- Maintain confidentiality — treat information about pregnancy loss with the utmost sensitivity and share only on a need-to-know basis
- Do not discriminate — employees who take baby loss leave must not face adverse treatment
- Provide support — offer access to counselling, employee assistance programmes and bereavement support
- Train managers — ensure managers can handle baby loss leave requests with empathy and without judgment
Common Mistakes
- Requiring detailed personal information or graphic descriptions of the pregnancy loss
- Treating baby loss as equivalent to a minor personal matter rather than a significant life event
- Failing to have a specific baby loss leave policy, leaving employees to navigate existing leave options
- Not training managers to handle these conversations sensitively
- Disclosing an employee’s pregnancy loss to colleagues without consent
FAQ
What is baby loss leave?
Baby loss leave is paid or unpaid time off for employees who experience miscarriage, stillbirth or neonatal death. In the UK, two weeks of paid leave is now available for pregnancy loss before 24 weeks under the Employment Rights (Miscarriage, Stillbirth and Neonatal Death) Act 2024.
Is baby loss leave paid in the UK?
Yes. Under the 2024 Act, employees who experience pregnancy loss before 24 weeks are entitled to two weeks of paid leave. This is in addition to existing maternity leave provisions for stillbirths after 24 weeks and neonatal leave for babies admitted to neonatal care.
Can fathers take baby loss leave?
In the UK, the 2024 Act provides baby loss leave to both parents, regardless of gender. Fathers and partners are entitled to two weeks of paid leave following a pregnancy loss before 24 weeks. For stillbirths after 24 weeks, the partner’s existing paternity leave provisions apply.
How do I tell my employer about a pregnancy loss?
You are not required to provide detailed personal information. A simple notification that you have experienced a pregnancy loss and need to take leave is sufficient. Your employer should handle the conversation with sensitivity and respect your privacy.
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