Frequently Asked Questions: Pre-24 week loss to be formally recognised as bereavement

On 11th March, the Government committed to including pre-24 week loss in bereavement leave legislation. This is an important milestone, and provides long-overdue validation that this type of loss can be experienced as a bereavement like any other.

This commitment comes after our Leave For Every Loss campaign, and tireless advocacy from Sarah Owen MP, our partner charities and businesses.

Including pre-24-week loss in bereavement leave legislation is still in the early stages of the Parliamentary process, not becoming law until 2026 at the earliest.

Here, we answer some of your questions.

The Government has committed to including pre-24 week pregnancy loss in bereavement leave. What happens next?

The Government will expand on the details of its commitment when the Employment Rights Bill moves to the House of Lords. This is expected to take place towards the end of 2025. After these details are confirmed, we will know more about the specific terms of this bereavement leave.

We will continue to engage with the Government to further advocate for bereavement leave inclusive of  pre-24 week pregnancy loss throughout this process.

Will it be paid leave?

The answer is we don’t know yet. From statements in the House of Commons on March 11th, we believe it is likely to be unpaid. This would bring pre-24 week loss in line with other types of bereavement, like the loss of a spouse, parent or sibling, which is due to be a minimum of five days unpaid leave in the new bill. However, we will only know for certain when the Government publishes the details. Even if the leave is unpaid, it is a significant step forward in recognizing that pregnancy loss is not an illness and will be considered bereavement in law.

Can I still take pregnancy related sick leave in order to be paid for my time off during or after a miscarriage?

Yes – this new legislation would not replace pregnancy-protected sick leave for which you would get statutory sick pay.

Will this legislation include partners?

Again, we need to see the details that the Government puts forward in the House of Lords to know for certain. However, the original ask was to include partners and we expect this will be included. At present, while the person experiencing the physical loss can take protected sick leave, there is no leave entitlement at all for partners, so being able to take bereavement leave would be a very positive development.

Will it be UK wide or just England?

It is for England, Scotland and Wales. Northern Ireland is covered by different employment laws, and its government has already committed to providing bereavement leave for pre-24 week loss.

Will it include people who have had ectopic pregnancy, molar pregnancy, TFMR, and embryo transfer loss?

That is our expectation, as these were all included in the original ask, put forward in the bill amendment by Sarah Owen MP. However, as above, we need to see the details from the Government before we know for sure.

Does it also include trans, non-binary and anyone from the LGBTQ+ community who have experienced pregnancy loss?

We’re yet to see the detail as to how this legislation will be implemented, but it is our understanding that it would exist to support anyone who has been affected by pregnancy loss, regardless of gender.

When will this become law?

We expect this will become law in 2026 but the actual leave entitlement may not start until 2027.

The Miscarriage Association is committed to engaging with the Government in the coming weeks and months, and we will advocate for all to be able to access the support and leave that we’re campaigning for