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28th April 2025
Miscarriage is a deeply personal and devastating experience for everyone involved.
While early pregnancy loss is medically common, the emotional impact can be severe, affecting not only physical health but also mental wellbeing, relationships, and everyday life.
Many employees find it extremely difficult to return to work after such a loss, especially when workplace policies fail to recognise the depth of their experience.
In these situations, compassionate support from an employer is vital.
In this blog post, we will explore the legal landscape of miscarriage bereavement leave, why employers should go beyond the minimum, how to create a supportive policy and how we can help.
In the UK, statutory bereavement leave is limited in scope.
Employees are entitled to two weeks’ paid leave under the Parental Bereavement Leave Regulations 2020 if they lose a child under the age of 18 or have a stillbirth after 24 weeks of pregnancy.
This legislation does not extend to pregnancy loss occurring before 24 weeks, meaning there is no legal entitlement to paid leave in case of a miscarriage.
According to a recent Working Families survey, 60% of people believe employers should offer paid bereavement leave for miscarriages.
Without the leave, many employees are dealing with profound grief without receiving formal support from their employers.
As outlined in DavidsonMorris’ guide to bereavement leave, employers are encouraged to take a compassionate and flexible approach in such circumstances, even when statutory provisions fall short.
Recent developments point to a shift in awareness. Scottish Engineering’s legal update highlights upcoming legislative changes aimed at broadening employer responsibilities for bereavement leave.
These changes, while not yet law for early miscarriage, show a shift towards more inclusive policies that acknowledge the emotional impact of all pregnancy loss.
Most UK employers comply with the statutory requirement to provide unpaid leave following a miscarriage.
Legally, ‘reasonable’ time off can be as little as a single day. Pregnancy loss can have long-term emotional, physical, and medical effects that lasts far beyond 24 hours.
Treating the issue as a tick-box exercise ignores the human reality. Behind every policy line is a person experiencing sadness, shock, and, in many cases, complex medical recovery.
Employers who adopt a compassionate, people-centred approach can give employees the support they need whilst benefiting your business. Here’s how:
Offering paid leave and genuine emotional support following a miscarriage sends a clear message: employee wellbeing comes first.
When people are cared for during the worst moments, they remember it.
This commitment to employee wellbeing boosts day-to-day morale across teams, fostering a positive environment where individuals feel valued, supported, and happy in their role.
Suppressing grief rarely leads to overcoming it.
Employees who feel obligated to return to work before they are ready often demonstrate presenteeism, which means they are at their desk but are exhausted, distracted, and unproductive.
Providing a brief compassionate leave, along with referrals to counselling or peer support, allows individuals to grieve and reduces the likelihood of employees facing future mental health-related problems.
Embedding empathy in workplace policies creates a culture where employees feel genuinely safe and supported when discussing difficult experiences.
By recognising pregnancy loss, your business demonstrates that it understands and respects the various family and fertility journeys that people face, helping employees feel seen and cared for.
When your values are visible in everyday practices, employees feel more at ease, connected, and confident at work.
This sense of belonging not only improves individual wellbeing, but it also helps to attract and retain talent, particularly among younger candidates who value authentic, people-first work cultures.
Here are some practical steps to guide your approach to miscarriage bereavement leave:
Start by establishing a clear entitlement to paid leave for employees affected by miscarriage.
This could be a fixed number of days or offered on a case-by-case basis in discussion with the employee.
By formalising this support, you remove the burden of uncertainty at a difficult time.
Miscarriage affects more than just the person who was pregnant. Be sure your policy is inclusive of:
Grief is personal and unpredictable.
While defined leave entitlements are useful, flexibility is essential.
Allow managers the discretion to extend leave or adjust working arrangements based on individual circumstances, such as offering a phased return to work or temporary workload adjustments.
The language used in your policy should be compassionate and understanding. You should use terms such as:
Providing optional guidance to managers on how to communicate sensitively with employees can also help to ensure consistent, empathetic treatment across the organisation.
A supportive policy is only as effective as the way it’s put into practice.
Business owners and managers play a crucial role in shaping an employee’s experience during times of loss, and how these conversations are handled can make a lasting difference.
Here’s how you can ensure your HR policy works for your business:
Training line managers to handle sensitive conversations with care is critical. This includes:
Simple phrases like “I’m so sorry you’re going through this; please take the time you need” can be more powerful than you think.
Employees should never feel forced to disclose more than they are comfortable with.
Respect for privacy is important, both in how information is recorded and how it is communicated internally.
Managers should ensure discussions are kept confidential and take place in a safe, private setting.
It’s also important that the decision to share details with colleagues, or not, is always led by the employee themselves.
Consistent, compassionate handling of all types of absence can be supported by referring to resources and guides from HR professionals.
These guides help employers balance operational needs with empathy, ensuring absence is managed fairly and sensitively across the board
The way your business responds to sensitive issues like miscarriage bereavement matters.
As awareness grows, so does the expectation that employers go beyond the legal minimum and create policies that reflect empathy and understanding.
Now is the time to revisit your bereavement and family leave policies.
Do they show compassion? Are they inclusive of all employees affected by miscarriage? And are your managers confident in offering support during such a difficult time?
At Sapphire HR, we work with businesses to create policies that support people through real-life events.
Whether you’re starting from scratch or updating existing policies, our HR Unlimited and HR on Demand packages give you access to expert advice when you need it most.
Need support developing a miscarriage policy or improving your overall absence management approach?
Our team is here to help with practical guidance tailored to your business.
Here to Help, Not Replace Experts:
The information contained in this blog presented for general informational purposes only. While we strive to provide accurate and up-to-date content, legal and HR practices can evolve rapidly. This blog is not a substitute for professional advice.
For specific questions or concerns regarding your unique situation, we highly recommend taking professional advice and booking a consultation with a Sapphire HR Consultant. Our consultants are experts in the field and can provide tailored guidance to address your specific needs.
We aim to work truly in partnership with our client organisations and to develop a high-quality, competent HR Service for all clients, the HR Provider that they can rely on and who gets to understand the culture and vision of your business.
