Baby loss and employment rights: change is coming
International Pregnancy and Infant Loss Awareness Day took place on 15th October 2026 and marked the end of Baby Loss Awareness Week.
For many years, employment law has provided something of a patchwork of rights following baby loss. Whether an employee has a statutory right to time away from work can depend upon when the loss occurs and its circumstances.
From April 2027, that position will change significantly.
A new right following pregnancy loss
The new statutory right to Bereavement Leave will give employees a day-one entitlement to up to two weeks’ unpaid leave following the death of certain close family members.
Crucially, however, the Government has confirmed that the new right will also cover pregnancy loss before 24 weeks. This will include miscarriage, ectopic pregnancy, molar pregnancy, termination and unsuccessful IVF embryo transfer. That fills an important gap in the existing statutory framework.
Currently, where a pregnancy ends before 24 weeks, there is generally no specific statutory right to bereavement leave. The employee who was pregnant may need to rely on pregnancy-related sickness absence, an employer’s compassionate leave arrangements or other contractual provisions.
By contrast, a stillbirth from 24 weeks can trigger maternity rights as well as Parental Bereavement Leave. Where a baby is born alive but subsequently dies, maternity rights also continue and Parental Bereavement Leave may apply. Neonatal Care Leave may provide additional leave where the qualifying conditions are satisfied.
The new Bereavement Leave regime therefore extends the statutory safety net to losses which have historically fallen outside specific bereavement leave protection.
Importantly, it will not only protect the person who was pregnant; partners and intended parents will also qualify.
Eligible employees will be able to take up to two weeks’ leave, including as individual days, within 56 weeks of the loss. Notice requirements will be deliberately light-touch during the first eight weeks and, significantly, employers will not be entitled to require evidence of the bereavement.
The law is catching up, but it is only the floor
The new right is important. But two weeks of unpaid leave is a statutory minimum, not necessarily a blueprint for good practice.
For HR, Baby Loss Awareness Week provides an opportunity to look beyond legal compliance and ask what support employees actually receive following pregnancy or baby loss.
Practical steps might include:
- Reviewing compassionate leave policies. Consider whether pregnancy and baby loss are expressly covered and whether some or all leave should be paid.
- Removing arbitrary distinctions. An employee’s need for support will not necessarily depend upon whether a loss occurred before or after 24 weeks.
- Remembering partners. Pregnancy loss can have a profound impact on partners and intended parents too.
- Offering flexibility on return. A phased return, temporary homeworking or adjusted hours may help, depending on the individual.
- Handling absence sensitively. Avoid rigid trigger points or attendance management processes where absence relates to pregnancy or baby loss.
- Training managers. Managers may need help knowing what to say, what not to say and when to involve HR.
- Giving employees control. Ask what, if anything, they would like colleagues to be told and how they would prefer contact to be managed.
From April 2027, the law will provide a more meaningful minimum level of protection following pregnancy loss. For employers, the question is whether to stop at that minimum.
The best policies will recognise the new statutory floor, while leaving plenty of room above it for compassion, flexibility and individual support.