UK Family Right · 2026
What leave am I entitled to after a miscarriage in the UK?
Statutory rights
Pre-24 weeks: Statutory Sick Pay if eligible; pregnancy protection continues for 'protected period' under EqA; potential parental bereavement leave (2 weeks paid, child must have been at least 24 weeks). 24+ weeks (stillbirth): full statutory maternity leave (52 weeks) AND Statutory Maternity Pay; Parental Bereavement Leave Act 2018 (2 weeks paid bereavement leave). Post-Oct 2024 changes: Pregnancy Loss (Leave) Bill — check April 2026 commencement.
How to exercise this right
1) For early miscarriage (under 24 weeks): typically take sick leave; speak to GP for fit note covering physical and mental recovery. 2) Discuss compassionately with employer — many will offer enhanced compassionate leave above statutory. 3) For stillbirth (24+ weeks): notify employer in writing; you're entitled to full statutory maternity leave even if baby has not survived. Plus 2 weeks Parental Bereavement Leave. 4) Provide MATB1 if applicable for maternity leave; death certificate for bereavement leave. 5) Consider counselling support; many employer EAPs offer specialist bereavement counselling. 6) Phased return often beneficial.
Employer obligations
Treat sensitively; provide statutory entitlements without question; not pressure premature return; not discriminate against employees experiencing pregnancy loss; consider compassionate enhancement above statutory; offer EAP/counselling access; reasonable adjustments on return (phased return, lighter duties initially).
If your employer refuses
Refusing entitlements: breach of relevant statutes. Treating differently to other medical absences could be sex discrimination under EqA. Forcing premature return after stillbirth is likely pregnancy/maternity discrimination AND breach of statutory maternity rights. ACAS conciliation; tribunal claim within 3 months. Often handled by sensitive HR rather than tribunal — but legal protections give weight to negotiations.
Worked example
Hannah experienced a stillbirth at 28 weeks. She notified her employer and was initially offered '2 weeks bereavement leave'. She wrote citing her right to FULL 52-week maternity leave (Maternity Regulations 1999) plus 2 weeks Parental Bereavement Leave (PBLA 2018). HR confirmed and processed both. She took 6 months total leave with full SMP plus enhanced contractual maternity pay. The dual entitlement — maternity leave AND bereavement leave — is widely missed by employers.
Recruiter pro tip
The dual entitlement (maternity leave + parental bereavement leave) for stillbirth at 24+ weeks is one of the most-missed UK family rights. Many HR teams treat stillbirth as 'just' bereavement — when in fact the parent is also entitled to full statutory maternity leave because the baby reached 24 weeks. The Maternity Regulations 1999 clearly cover this. Reference both rights explicitly in any communication.
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