Baby loss leave is workplace leave granted to employees who experience miscarriage, stillbirth, or the death of a newborn, providing dedicated time off to grieve and recover. Until recently, there was no statutory entitlement to leave for pregnancy loss before 24 weeks in the UK. The Neonatal Leave and Pay Act 2023 introduced new protections, and a growing number of employers now offer baby loss leave as a standalone policy.
The emotional impact of pregnancy loss is profound. The NHS estimates that up to one in four pregnancies end in miscarriage, and the charity Tommy’s has documented the significant physical and psychological toll on both parents. Dedicated leave recognises this reality and gives employees the space they need without using sick leave or annual leave.
Key Takeaways
- The UK Neonatal Leave and Pay Act 2023 provides leave for parents of babies admitted to neonatal care, with the right to up to 12 weeks of paid leave.
- For pregnancy loss before 24 weeks, statutory leave does not exist, but many employers offer company policies covering miscarriage and early pregnancy loss.
- Stillbirth after 24 weeks entitles the parent to standard maternity or paternity leave and pay.
- Baby loss leave is typically paid, ranges from 1 to 12 weeks depending on the policy, and is separate from sick leave and annual leave.
- Companies that offer dedicated baby loss leave report higher employee retention and stronger workplace trust.
What Counts as Baby Loss?
Baby loss is an umbrella term covering several distinct circumstances, each with different legal and policy implications in the UK:
| Type of Loss | When It Occurs | Typical Leave Entitlement |
|---|---|---|
| Miscarriage (before 24 weeks) | Natural loss of pregnancy before 24 weeks | No statutory leave — company policy dependent |
| Stillbirth (after 24 weeks) | Death of baby born after 24 completed weeks of pregnancy | Maternity or paternity leave and pay |
| Ectopic pregnancy | Embryo implants outside the uterus | Sick leave or company policy |
| Molar pregnancy | Abnormal fertilised egg requiring treatment | Sick leave or company policy |
| Termination for medical reasons (TFMR) | Medically necessary termination after diagnosis | Company policy or sick leave |
| Neonatal death | Death of baby within 28 days of birth | Neonatal leave and bereavement leave |
The legal landscape is evolving. Before 2023, employees experiencing early miscarriage had no statutory right to dedicated leave and often relied on sick leave or annual leave — an approach widely criticised as inadequate.
UK Neonatal Leave and Pay Act 2023
The Neonatal Leave and Pay Act 2023 introduced a new statutory right for parents whose babies are admitted to neonatal care. The Act came into force in April 2025, and it provides:
- Neonatal care leave: Up to 12 weeks of leave for parents whose baby is admitted to neonatal care within 28 days of birth. This is in addition to maternity or paternity leave.
- Neonatal care pay: Eligible employees receive Statutory Neonatal Care Pay during the leave period.
- Eligibility: The leave applies from the first day of employment, though pay is subject to qualifying conditions (typically 26 weeks of continuous service and average earnings above the lower earnings limit).
- Shared between parents: Both parents can take neonatal leave, and it can be taken in blocks or as a continuous period.
The Act also protects employees from detriment or dismissal for taking or requesting neonatal leave.
Important Distinction: Neonatal Leave vs Miscarriage Leave
Neonatal leave covers babies admitted to care after birth. It does not cover pregnancy loss before 24 weeks. For early miscarriage, employers need a separate company policy to provide dedicated leave.
Company Policies for Baby Loss Leave
In the absence of statutory leave for early pregnancy loss, many employers have created their own baby loss leave policies. These policies have become increasingly common, particularly in the UK and Australia.
What Good Company Policies Typically Include
| Element | What It Covers |
|---|---|
| Leave duration | 1–2 weeks paid leave for miscarriage; up to 12 weeks for stillbirth or neonatal loss |
| Who is eligible | All employees, regardless of length of service |
| Type of leave | Fully paid, separate from sick leave and annual leave |
| Flexibility | Option to take leave immediately, intermittently, or in combination with other leave |
| Partner leave | Leave for partners, not just the pregnant person |
| Confidentiality | No requirement to disclose details beyond what the employee chooses |
| Return-to-work support | Phased return, flexible hours, access to counselling |
Major UK employers offering baby loss leave include:
- London Underground — 2 weeks paid leave for early miscarriage
- Virgin Atlantic — Up to 10 days paid leave for baby loss
- Holland & Barrett — 2 weeks paid leave for miscarriage or stillbirth
- Lloyds Banking Group — 2 weeks paid leave for pregnancy loss
The charity Tommy’s has campaigned extensively for employers to adopt baby loss policies and provides a free employer toolkit for implementing them.
Support Resources
Employees experiencing baby loss need more than just time off. Employers can support them through:
- Employee Assistance Programmes (EAPs) — Access to confidential counselling and mental health support.
- Occupational health referrals — For employees experiencing prolonged grief or anxiety.
- Bereavement counselling — Organisations such as Cruse Bereavement Care and Petals offer specialist counselling for baby loss.
- Return-to-work plans — Phased returns, reduced hours, and regular check-ins help employees transition back.
- Manager training — Equipping managers to have sensitive conversations and signpost support.
How to Implement a Baby Loss Leave Policy
If you are building a baby loss leave policy, consider these steps:
- Decide on leave entitlement — A common starting point is 1–2 weeks for miscarriage and 2–12 weeks for stillbirth or neonatal loss, all fully paid.
- Define eligibility — Most best-practice policies apply from day one of employment, without qualifying service periods.
- Keep it simple — Avoid requiring medical certificates for immediate leave. Employees should be able to self-certify and disclose only what they choose.
- Train your team — Ensure HR and line managers know the policy exists, understand how to handle conversations sensitively, and know where to direct employees for support.
- Communicate proactively — Include baby loss leave in your employee handbook, onboarding materials, and benefits communications so employees know it exists before they need it.
- Review annually — Update the policy as legislation evolves and as feedback from employees highlights areas for improvement.
Frequently Asked Questions
Is there statutory leave for miscarriage in the UK?
There is no statutory right to dedicated leave for miscarriage before 24 weeks in the UK. Employees can use sick leave, annual leave, or rely on their employer’s company policy if one exists. The Neonatal Leave and Pay Act 2023 covers neonatal care after birth, not early pregnancy loss. Many employers have voluntarily introduced miscarriage leave policies.
How long is baby loss leave typically?
Company policies typically offer 1–2 weeks paid leave for early miscarriage and 2–12 weeks for stillbirth or neonatal loss. There is no legal minimum for employer-provided baby loss leave, so entitlements vary significantly by company. The statutory Neonatal Leave and Pay Act provides up to 12 weeks for babies admitted to neonatal care.
Can both parents take baby loss leave?
Yes. Under the Neonatal Leave and Pay Act 2023, both parents are entitled to neonatal leave if their baby is admitted to neonatal care. For company policies on miscarriage and early pregnancy loss, eligibility depends on the specific policy — many now extend leave to partners as well as the pregnant person.
Should I ask for a medical certificate for baby loss leave?
Best practice is to avoid requiring medical certificates for immediate leave. Requiring documentation can add distress and act as a barrier to taking leave. Employees should be able to self-certify, and if longer-term support is needed, a medical professional can be involved at the employee’s discretion.
Where can I find support after pregnancy loss?
In the UK, Tommy’s provides information, research, and support for baby loss. Cruse Bereavement Care offers free bereavement counselling. Petals provides specialist counselling specifically for baby loss. The NHS also provides guidance on coping with miscarriage.
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