Another milestone was implemented this week as the government announced new amendments to the Employment Rights Bill that will extend statutory bereavement leave to cover pregnancy loss before 24 weeks.

The change, announced on Monday is being hailed as a significant step forward in compassionate workplace policy and is set to benefit hundreds of thousands of employees each year.

Currently, bereavement leave is only available following stillbirth after 24 weeks. This amendment acknowledges a broader range of experiences, including miscarriage, ectopic and molar pregnancies, medical terminations, and unsuccessful IVF attempts. The move comes after sustained campaigning by MP Sarah Owen and recommendations from the Women and Equalities Committee.

Emma Clark, employment partner at Keystone Law, explains, “The Government has announced the long-awaited extension of the current right to parental bereavement leave... [It] will protect mothers and their partners who are bereaved by pregnancy loss in the first 24 weeks. Pregnancy loss is widely defined in the proposed amendment.”

Although full details are yet to be finalised, it is expected that employees will be entitled to two weeks’ leave, with statutory pay at the current rate (£187.18 per week), although this remains subject to consultation.

The legislation is not expected to come into force until 2027, aligning with a broader package of 28 employment reforms currently under review.

A Mixed Response on Pay and Timing

Legal experts have raised concerns about the delay in implementation and the likelihood that the leave will remain unpaid unless employers offer discretionary or contractual pay.

Liz Stevens, professional support lawyer at Birketts LLP, warns, “If the extended right is unpaid, it will undoubtedly discourage many employees from taking it – unless their employer provides contractual or discretionary pay for bereavement leave.”

James Townsend, employment partner at Payne Hicks Beach, adds, “This much trumpeted reform, providing a right to a week’s unpaid leave only, does little to change the status quo.”

Despite concerns over pay, the move has been widely welcomed by HR and people leaders. Claire McCartney, policy and practice lead at CIPD, emphasised the importance of employer responsibility beyond the legal minimum, “Pregnancy loss can have a profound impact... Supportive line managers play a crucial role in helping women and their partners navigate their return to work. When they do return, employees should be met with flexibility, understanding, and compassion.”

Bar Huberman, Content Manager at Brightmine, also highlighted the value of clarity and consistency, “This move gives employers a solid foundation to build compassionate and consistent approaches... Without formal policies in place, employees are often unsure of their rights and managers may struggle to respond with confidence.”

What Employers Should Do Now

While the new right is not immediate, experts agree that now is the time for employers to prepare:

• Update bereavement and compassionate leave policies to include pregnancy loss before 24 weeks.
• Consider offering full pay for statutory bereavement leave, even if not legally required.
• Create dedicated miscarriage policies as a sign of good practice and employee care.
• Train managers to handle sensitive conversations with compassion and consistency.
• Communicate clearly so employees understand their rights without needing to ask at times of distress.

Amanda Trewhella, employment lawyer at Freeths, summed up the mood,“Having a legal right to time off will allow employers and employees to understand clearly what their rights and obligations are... It removes uncertainty at a time when employees are already vulnerable.”

With implementation likely in 2027, there is time for consultation, adjustment, and improvement, but the message is clear: employee wellbeing in the wake of pregnancy loss is no longer a matter of discretion alone. The law is catching up with what many responsible employers already know: compassionate policies are essential for a supportive, inclusive workplace.