Miscarriage and bereavement leave: your guide to the Government’s consultation
17th November 2025
How we got here:
To date, there is no legal right to take bereavement leave from work following a miscarriage, and only the woman or person experiencing the physical loss is eligible for sick leave. We believe that sick leave is not appropriate, that there is no hierarchy of grief and pre-24-week pregnancy loss should be considered a bereavement like any other.
Over the last year, through our Leave for Every Loss campaign, we have been calling for miscarriage, ectopic pregnancy and molar pregnancy to be included in updated bereavement leave legislation as part of the Employment Rights Bill.
Together with our advocates, including Sarah Owen MP, Myleene Klass MBE, fellow pregnancy and baby loss charities, and our business partners, we aligned in our mission of securing leave for every loss – because every loss matters.
In July this year, the Government confirmed that bereavement leave for pre-24-week loss would be included in legislation, recognising it as a bereavement like any other.
Why a consultation?
Through the new Employment Rights Bill, the Government is proposing to offer those affected a day one right to protected bereavement leave (albeit unpaid) for a minimum of one week.
The Government now wants to hear your views on the proposed legislation through a public consultation, specifically views on eligibility criteria, types of pregnancy loss that should be in scope, when and how bereavement leave can be taken and notice and evidence requirements.
The Government’s proposal isn’t what we hoped or campaigned for – which was two-weeks paid leave in line with Parental Bereavement Leave (currently available for the loss of a baby or child after 24 weeks’ gestation) – but it still marks significant progress in validating miscarriage as the bereavement that it is. It is particularly significant for partners, who until the law changes, have no right to take any time off work at all for a loss of this kind.
The leave will apply to Great Britain (i.e. England, Scotland and Wales, but not Northern Ireland, which has already committed to extending Parental Bereavement Leave to pre-24-week loss).
What does the consultation look like, and what does it say?
The consultation is a series of questions, some multiple-choice and some which allow a more detailed response. Below, we have mapped out the questions that offer open ended answers, along with a suggested response from us. You can use these template responses to ensure that your suggestions align with our Leave for Every Loss campaign.
Tap or click each question to reveal the suggested response.
Question 3 asks: Should bereavement leave for pregnancy loss be restricted to the person who has physically experienced the pregnancy loss?
Suggested answer: No.
The primary legislation makes it clear that this bereavement leave right applies to both pregnant women and their partners.
We would recommend these groups as being able to take this leave:
a) A spouse, civil partner, the other parent, or partner (who is in a committed long-term relationship) with the person who physically experienced the pregnancy loss
b) The intended co-parent of the child who was expected to be born (who may not live with or be in a committed relationship with the pregnant woman or person) This could include ex-partners.
c) Intended parents in a surrogacy arrangement
Question 5 and 6 ask if you agree that all the types of pregnancy loss listed should be eligible for bereavement leave?
Suggested answer:
Yes. Because every loss matters.
Questions 7 and 8 ask how long you think bereavement leave for pre-24-week pregnancy loss should be, and whether you think it should be available to all employees, regardless of their relationship or connection to the loss.
Suggested answer:
Two weeks.
Those who have experienced pregnancy loss should have equal rights to bereavement leave (two weeks) as those who lose a baby after 24 weeks – a loss is a loss, and there is no hierarchy of grief. The legislation should reflect this and allow for the depth of grief and space needed.
The guidance needs to be clear that bereavement leave is flexible and can be used in addition to other types of leave. All experiences of loss are different, and some physical experiences are more complex than others. Employees should have access to the leave and time off they need to recover, both physically and emotionally.
Parents who lose a baby before 24 weeks of pregnancy should have the same right to two weeks of paid bereavement leave as those who lose a baby after 24 weeks of pregnancy. No-one should assume their grief is less profound, or their loss is ‘easier’ to recover from.
It’s vital that people have the choice between sick leave and the proposed unpaid bereavement leave, and the opportunity to use both when recovering, if needed.
Question 11 and 12 ask about how the leave can be taken – whether all at once, or if it can be taken gradually as needed – and for how long the window of availability should last.
Suggested response:
Bereavement leave should be available to be taken discontinuously; in whatever arrangement an employee requires. Grief and recovery after pregnancy loss is not linear, so the leave should be flexible to match this.
For example, someone may recover physically and return to work after a few days, but later, the grief and potential trauma they have experienced may impact them more than they expected. They should be able to take bereavement leave during this time, as they are processing their grief.
Just as there is no hierarchy of grief, there is no clock on grief, or physical and emotional recovery.
Question 13 and its following subsections ask if you think employees should be required to provide notice they intend to take bereavement leave to their employer, and how much notice they should be required to give.
Suggested answer:
The onset of pregnancy loss, and its emotional impact, is unpredictable, so it is impossible to give notice in advance.
Employees should inform their employer as and when they are practically able to.
For leave taken some time after the loss, it could be possible to give notice, however, this should not be a requirement, as for example, the onset of poor mental health after the event could be immediate and devastating, with no warning window to be able to provide notice.
Questions 15-17 address whether employees should have to provide evidence of their loss, what evidence this should be, and timescale in which this evidence should be submitted.
Suggested answer:
There should not be a requirement to provide evidence of pregnancy loss. This would not only be incredibly triggering, but also mean the leave is harder to access, exhausting to get, and for early losses, potentially impossible to provide. It would also be inequitable to ask for evidence of a pre-24-week loss when evidence is not required for taking leave following a loss post 24-weeks.
Question 18 asks if you have views on other steps the Department of Business and Trade could take to help employers implementing the new statutory bereavement leave and support their employees.
Suggested response:
The Department of Business and Trade should create further resources for employers to ensure that the leave is implemented correctly, flexibly and inclusively. It should work in consultation with The Miscarriage Association (founders of the Leave for Every Loss campaign) to create guidance on navigating conversations, improving and implementing pregnancy loss policies, and accessing training for all staff members. This would ensure steadfast guidance for the terms of bereavement leave in workplaces, and also result in line managers, HR departments and senior management having the knowledge, skills and best practice to best support all staff affected by pregnancy loss on an ongoing basis.
How long does the consultation last?
The consultation will remain open until 15 January 2026. You can find it here, or by emailing: bereavementleave@businessandtrade.gov.uk
We know that responding to consultations such as this can be triggering. Please know that our support services are available, and details can be found, here.
