Pregnancy loss leave provides employees with statutory time off after a miscarriage, stillbirth, or baby loss. Since 6 April 2024, employed parents in the UK have been entitled to a minimum of 2 weeks of bereavement leave if they experience a stillbirth after 24 weeks of pregnancy. For losses before 24 weeks, there is no separate statutory right, but employees may be entitled to time off under other provisions — and many employers choose to offer additional support.
This guide covers the statutory position, the different types of pregnancy loss, and how employers should handle these sensitive situations.
Key takeaways
- Stillbirth after 24 weeks qualifies for 2 weeks of parental bereavement leave (paid at £184.03/week or 90% of earnings, whichever is lower).
- Miscarriage and stillbirth before 24 weeks have no separate statutory leave — employees may use sick leave, dependant leave, or contractual compassionate leave.
- You must handle pregnancy loss with sensitivity and flexibility — the employee’s wellbeing is the priority.
- Miscarriage leave is increasingly offered as a contractual benefit — typically 1–2 weeks paid leave.
- You should not require medical evidence for pregnancy loss leave — handle requests with compassion.
The statutory position
Stillbirth after 24 weeks
Since 6 April 2024, the Parental Bereavement Leave and Pay Act 2018 has been extended to cover stillbirths after 24 weeks. An employee who experiences a stillbirth after 24 weeks is entitled to:
- 2 weeks of parental bereavement leave — the same entitlement as for the death of a child under 18.
- Pay at £184.03 per week (2026–27) or 90% of average weekly earnings, whichever is lower.
- The leave can be taken within 56 weeks of the stillbirth.
This applies to both parents — the mother and the father/partner.
Miscarriage and stillbirth before 24 weeks
For pregnancy loss before 24 weeks, there is no separate statutory leave. However, employees may be entitled to:
- Statutory sick pay (SSP) — if they are unfit for work due to the physical or emotional impact.
- Time off for dependants — under s.57A of the Employment Rights Act 1996, if the loss involves an emergency involving a dependant (this is limited).
- Contractual compassionate leave — many employers offer this as a discretionary benefit.
- Annual leave — the employee may choose to use accrued holiday.
The employee does not need to provide a fit note for the first 7 days of absence due to pregnancy loss — self-certification covers this period.
What employers should do
Pregnancy loss is a sensitive situation that requires a compassionate and flexible approach:
- Grant leave immediately — do not require medical evidence before granting time off.
- Allow flexible return — the employee may need additional time or adjusted hours when they return.
- Provide support — signpost the employee to counselling services, EAP, or other support.
- Handle with confidentiality — do not share the employee’s personal information without consent.
- Review your policy — consider offering contractual miscarriage leave beyond the statutory minimum.
Contractual miscarriage leave
Many employers have introduced miscarriage leave as a contractual benefit. Common provisions include:
| Provision | Typical approach |
|---|---|
| Leave duration | 1–2 weeks paid leave |
| Pay | Full pay during the leave period |
| Eligibility | All employees, regardless of length of service |
| Evidence required | None — handled on trust |
| Notice | As soon as practicable |
Offering miscarriage leave is increasingly seen as a competitive benefit — it supports employee wellbeing and demonstrates a compassionate workplace culture.
Supporting the employee
Beyond the leave itself, you should:
- Offer flexible working — reduced hours, working from home, or adjusted duties for a period after the return.
- Provide access to counselling — through your EAP or a specialist service.
- Train managers — to handle pregnancy loss conversations with sensitivity and without inappropriate questions.
- Review workload — redistribute tasks so the employee does not return to an unmanageable workload.
- Follow up — check in regularly after the return to work, without being intrusive.
The legal framework
| Type of loss | Statutory leave | Statutory pay |
|---|---|---|
| Stillbirth after 24 weeks | 2 weeks parental bereavement leave | £184.03/week or 90% of earnings |
| Miscarriage (any stage) | No separate statutory leave | SSP if unfit for work |
| Stillbirth before 24 weeks | No separate statutory leave | SSP if unfit for work |
| Ectopic pregnancy | No separate statutory leave | SSP if unfit for work |
For more UK context, see our guides to bereavement leave, sick pay, and time off for dependants.
Frequently asked questions
Is there statutory leave for miscarriage?
Not a separate right. Employees may use sick leave, dependant leave, or contractual compassionate leave. Many employers offer miscarriage leave as a contractual benefit.
How much leave is there for stillbirth after 24 weeks?
2 weeks of parental bereavement leave, paid at £184.03 per week or 90% of average weekly earnings, whichever is lower.
Do I need to provide medical evidence for pregnancy loss leave?
The statutory parental bereavement leave for stillbirth after 24 weeks does not require medical evidence upfront. For other types of pregnancy loss, handle requests on trust and do not require evidence as a condition of granting leave.
Can the father/partner take leave for pregnancy loss?
Yes. Both parents are entitled to parental bereavement leave for stillbirth after 24 weeks. For miscarriage, the father/partner may be entitled to dependant leave or compassionate leave.
Should I offer contractual miscarriage leave?
It is increasingly seen as best practice. Offering 1–2 weeks of paid leave for miscarriage supports employee wellbeing and demonstrates a compassionate workplace culture.
Putting it into practice
Five steps keep your pregnancy loss process compassionate and compliant:
- Grant leave immediately upon notification — do not require medical evidence.
- Provide 2 weeks of parental bereavement leave for stillbirth after 24 weeks.
- Consider offering contractual miscarriage leave beyond the statutory minimum.
- Train managers to handle these conversations with sensitivity.
- Offer flexible return arrangements and access to counselling support.
A leave management system that handles pregnancy loss leave sensitively, tracks statutory and contractual entitlements, and manages flexible return arrangements keeps this area of employment law compassionate and compliant.
Sources
- GOV.UK — Parental Bereavement Leave and Pay (primary source)
- Parental Bereavement Leave and Pay Act 2018
- Employment Rights Act 1996, s.57A
Last updated: 26 July 2026. This article is general information, not legal advice. Pregnancy loss leave involves sensitive personal circumstances — handle with compassion and seek legal advice for specific situations.