The Women and Equalities Committee have made the recommendation that women and their partners should be entitled to paid bereavement leave if they experience a miscarriage.
Many HR professionals have welcomed the recommendation, having seen the impact pregnancy loss can have both on the individual and their partners, which, if not given the appropriate time to grieve what is a soul-shattering loss, can impact on work performance and mental health for a considerable time.
Kate Palmer, Employment Services Director at Peninsula, says “Pregnancy loss is one of the most upsetting times in a person’s life, and both the physical and emotional impact will make it likely that anyone experiencing pregnancy loss will need to take some time away from work.
“There is currently no legal entitlement to take time off work for pregnancy loss except in case of a stillbirth after 24 weeks of pregnancy. When pregnancy loss happens before 24 weeks, any time off would need to be taken as sick leave, paid at the sick rate entitlement or as annual leave unless an employer has specific allowances in their contracts of employment.
“Pregnancy is a protected characteristic under the Equality Act 2010, so any sick leave taken within the first two weeks after a miscarriage should not count towards absence triggers as this is classed as the ‘protected period’. Any further sick leave could also be considered as pregnancy related illness, so taking disciplinary action against an employee for this is likely to be considered discriminatory by an Employment Tribunal. However, these protections only apply to pregnant mothers and do not extend to their partner.
“Many employers do already offer a contractual entitlement to paid time off due to pregnancy loss at any stage of pregnancy, although this is entirely at the employer’s discretion during the first 24 weeks.
“As well as offering leave, employers should also support employees experiencing pregnancy loss by signposting any counselling services they offer, for example, an employee assistance programme or baby loss charities, such as Sands. Remember that expectant fathers also experiencing emotional loss and should not be forgotten in the support offered by a business.”
