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What are your employees entitled to in the event of baby loss?

Updated: Jan 22



Losing a baby is a deeply traumatic experience. For any employee facing this heartbreaking reality, work will often be the furthest thing from their mind. And yet, this is not a rare situation. Consider the statistics:


  • 1 in 5 pregnancies ends in miscarriage (the loss of a baby before 24 weeks).

  • 1 in 90 pregnancies is ectopic, a condition that can be life-threatening.

  • 1 in 200 pregnancies ends in stillbirth, where the baby is lost after 24 weeks.


Despite how common these experiences are, UK employment law doesn’t fully account for the emotional and physical toll that pregnancy loss can take on parents.


What does the law say?

Under UK law, if a child under 18 passes away—or if a stillbirth occurs—parents are entitled to bereavement leave. In the case of stillbirth, maternity and paternity leave also apply, providing critical time for recovery and grief.


But the situation changes when pregnancy loss happens before 24 weeks. Miscarriages and ectopic pregnancies leave parents with no legal entitlement to leave or pay.


How employers can help

As an employer, you have options, and your policies will determine what you can offer. These include:

  • Discretionary leave under your compassionate leave policy

  • Annual leave

  • Unpaid leave


But here’s the truth: all forms of baby loss are deeply devastating. Employers should recognise the profound impact these experiences can have and consider how their policies and practices can provide the necessary support for employees navigating such a difficult time.


Creating a supportive policy

Your parental leave, absence, or bereavement policies should explicitly address pregnancy loss. State your commitment to making reasonable adjustments to workloads, schedules, and pay for employees facing this heartache.


Keep in mind that employees who experience baby loss - particularly in the early weeks - may not feel comfortable sharing their experience with you or colleagues.


Thoughtful, well-communicated policies can make a world of difference in helping employees feel supported without forcing them to disclose painful details.


The bigger picture

This conversation is part of a broader discussion about women’s health in the workplace, including menopause and other life-changing events. Acknowledging these realities in your policies isn’t just compassionate - it’s essential for fostering a workplace culture of understanding and care.


If you’d like to learn more about supporting colleagues through menopause, read my recent blog here.


Need help shaping your policies around baby loss? Get in touch to arrange a call.


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