Call to Extend Paid Leave for Working Parents Who Suffer Miscarriage Before 24 Weeks

By Rachel Davis

Principal Associate

A private members’ bill was introduced to Parliament in June calling on the government to give working parents a legal right to take three days’ paid leave if a pregnancy ends before 24 weeks. The first full debate is due in December.

Currently, if a pregnant woman loses her baby after 24 weeks, she is entitled to a minimum of 2 weeks’ statutory maternity leave. These same rights aren’t afforded to women who experience miscarriage before 24 weeks.

Parental Bereavement Leave and Pay when a child dies after 24 weeks’ pregnancy

New legislation in respect of parental bereavement leave came into force on 6 April 2020, known as Jack’s Law, in memory of Jack Herd, whose mother campaigned for mandatory leave for grieving parents following the tragic death of her 23-month old son in 2010. 

Parents now have a right to take a minimum of 2 weeks’ Statutory Parental Bereavement Leave if they are classed as an employee and if their child dies under the age of 18 or is stillborn after 24 weeks’ pregnancy.

Parents are entitled to 2 weeks’ Statutory Parental Bereavement Pay if they have worked for their employer for at least 26 weeks and they earn on average at least £120 per week. 

Paid parental leave entitles employees and workers to two weeks’ leave paid at £151.97 a week, or 90% of their average weekly earnings, whichever is the lower.

Statutory Parental Bereavement Pay is the minimum that employers must pay eligible staff. Some employers offer enhanced bereavement pay.

At least 1 in 8 pregnancies end in miscarriage and can affect everybody in different ways, both mentally and physically.

We support the calls on the government to extend parental leave to those who suffer the loss of a baby earlier in the pregnancy to provide support, compassion and flexibility to both parents at a time of immense personal tragedy.

Nockolds is proud to be named as highly recommended advisers by the Foundation for Infant Loss and can provide advice to parents and businesses on any work-related issues following the devastating loss of a child.

For more information and to find out how we can help you, please contact us on 0345 646 0406 or fill in our online enquiry form and a member of our Team will be in touch.