Government launches consultation on bereavement leave for pre-24-week pregnancy loss

Following our successful Leave for Every Loss campaign, this summer the Government committed to extending bereavement leave to those affected by miscarriage and other pre-24-week pregnancy losses. 

Today, 23 October, it has launched its formal public consultation on these plans and wants to hear from you.

Through the new Employment Rights Bill, the Government is proposing to offer those affected protected leave (albeit unpaid) for a minimum of 1 week, bringing pre-24-week loss in line with other forms of bereavement such as the loss of a sibling or parent.

The Miscarriage Association campaigned tirelessly for this change through our Leave for Every Loss campaign, supported by our ambassador Sarah Owen MP and countless other advocates, to ensure that those who experience miscarriage or pregnancy loss are recognised in law and given the time and space to grieve.

For too long, too many people have had to return to work too soon and without proper support or acknowledgement. This change in employment law marks an important step in recognising that there is no hierarchy of grief – and those who experience the loss of a baby in pregnancy, and their partners, deserve compassion and understanding, too.

While this proposal doesn’t yet go as far as we had hoped — our campaign called for two weeks’ paid leave — it represents a long-awaited and significant step forward in recognising the impact of pregnancy loss at any stage.

We’ll continue to advocate for meaningful and compassionate legislation, but we welcome this consultation as vital progress towards fairer support for employees.

These new rights are expected to come into effect in 2027.

The consultation will remain open for 12 weeks (closing 15 January).

You can access the consultation here.

Vicki Robinson, Chief Executive of the Miscarriage Association, said:

“We welcome today’s public consultation on implementing bereavement leave for those who experience the loss of a baby before 24 weeks, a loss that has for too long been inadequately recognised in UK employment law.

“For too many people, losing a baby before 24 weeks has meant returning to work without the time or space to grieve. Extending bereavement rights to those affected by miscarriage and pregnancy loss acknowledges that their grief is real and deserving of both compassion and time.

“We’ve been pleased to support the Government in the development of this legislation ahead of the consultation, sharing the experiences of those affected and helping shape proposals that better reflect their needs.

“We’re proud that through our Leave for Every Loss campaign we’ve helped make this historic change a reality. We now encourage our community to share their views on how these rights should be implemented, from eligibility and length of leave to when it can be taken.”

About the consultation

The consultation is divided into three key sections:

Part One: Eligibility – exploring who should be eligible for bereavement leave and under what circumstances, including specific questions on different types of pregnancy loss.

Part Two: When and How Bereavement Leave Can Be Taken – covering practical aspects such as flexibility, timing, and the start and end dates of the entitlement period.

Part Three: Notice and Evidence Requirements – asking for views on the procedural aspects of accessing bereavement leave, including notice, evidence, and possible further steps the Department could take to support employers.

We encourage everyone affected by pregnancy loss, as well as employers and health professionals, to take part in the consultation and help shape a future where every loss is recognised with compassion and care.