Source · Select Committees · Women and Equalities Committee
Recommendation 47
47
Accepted
Promote benefits of generous pre-24-week pregnancy loss leave policies and strengthen awareness guidance
Recommendation
recommendation There has been good progress among employers in recent years in acknowledging miscarriage as a bereavement. An increasing number are establishing excellent pregnancy loss policies, including generous and flexible periods of paid leave for women and partners. The benefits, for employees and employers, of a generous and flexible approach are clear and far outweigh the minimal costs of establishing such schemes. However, we are concerned that such schemes are not always sufficiently well promoted. The Government should work with organisations including the Chartered Institute for Personnel and Development, the Advisory, Conciliation and Arbitration Service (Acas) and the Trades Union Congress, to promote the benefits of generous and flexible pre- 24-week pregnancy loss leave policies and strengthen guidance to ensure that, where such policies are in place, managers, employees, and prospective employees are aware of them.
Government Response Summary
The government accepted the principle of bereavement leave for pregnancy loss and looks forward to further discussions on a statutory entitlement as the Employment Rights Bill progresses. New guidance has also been issued to support NHS employers in providing advice and support for staff affected by baby loss.
Government Response
Accepted
HM Government
Accepted
This Government recognises that experiencing a miscarriage or pregnancy loss can be an extremely difficult time and we are determined to make sure all families receive safe, personalised and compassionate care. We acknowledge that more can be done to support parents who experience pregnancy loss before 24 weeks, which is why during the Report Stage debate on the Employment Rights Bill, the Government accepted the principle of bereavement leave for pregnancy loss. The Department of Business and Trade looks forward to further discussions with the Committee regarding the introduction of a statutory entitlement for such leave as the Bill moves to the House of Lords. We recognise the impact that grief from a pregnancy loss can have on women and their partners and why it is important they receive appropriate support. The Pregnancy Loss Review (published in July 2023), looked at how to improve the care and support for women and their families when experiencing a pre-24 week gestation baby loss and made 73 recommendations. The Government will ensure that we listen to women and their families, and learn lessons from recent inquiries and investigations, including this report. Following a recommendation made in the report, in February 2024, the Department for Health and Social Care launched the Baby Loss Certificate service as an additional way to acknowledge the grief that women and their partners experience when facing a pre-24-week pregnancy loss. This service allows those who have experienced a baby or pregnancy loss to record their loss and receive a certificate to provide recognition of their loss if they wish to do so. This is a voluntary scheme, and certificates are free and optional for all parents who have experienced any loss under 24 weeks gestation (or pre-28 week baby loss for losses prior to October 1992), are at least 16 years of age, and live in England. Additionally, many NHS Trusts have introduced specialist bereavement midwives who are trained to care for and support parents and families who have suffered the loss of their baby. Bereavement standards are similarly in place to support in such scenarios. For example, The National Bereavement Care Pathway (NBCP) is a set of standards and guidance that trusts should follow when a patient has suffered a pregnancy or baby loss, with the aim of ensuring that all bereaved parents are offered equal, high quality, individualised, safe and sensitive care. As of June 2024, all NHS England Trusts have signed up to the NBCP. As of November 2024, maternal mental health services have been set up in 41 out of 42 integrated care system areas of England, with the final one being supported to be operational as soon as possible, to provide care for women with moderate/severe or complex mental health difficulties arising from birth trauma or loss. Many public sector organisations are showing commitment to supporting staff through pregnancy loss. The Civil Service has implemented guidance on miscarriage to support departments, which includes offering counselling and advice from Employee Assistance Programmes, sick and special leave, flexible working hours and arrangements for supporting partners as well as advice to managers to enable them to help their team member during this difficult time. The Department of Health and Social Care has signed the ‘Pregnancy Loss Pledge’ signalling the department’s public commitment to supporting staff through pregnancy loss. Additionally, NHS England published a new national policy framework, in May 2024, entitling NHS staff who experience a miscarriage in the first 24 weeks of pregnancy up to 10 days additional paid leave and up to 5 days paid leave for their partners. The new guidance supports NHS employers to provide their employees, managers and colleagues with advice on how to support people affected by baby loss, including ensuring staff who return from work after their pregnancy loss are offered occupational health support which may include referrals to specialist services at their trust, or specialist miscarriage and baby loss charities and organisations. Conclusion two Sick leave is an inappropriate and inadequate form of employer support in the aftermath of a miscarriage or pregnancy loss. It does not afford women adequate confidentiality or dignity and puts them at high risk of employment discrimination. The low rate of Statutory Sick Pay means that many women and their partners simply cannot afford to take the time off they need, putting their wellbeing and future work prospects at risk.