Recommendation 48

HM Government Rejected

The Government recognises that for many women the period of bereavement after miscarriage is not sick leave and that its classification as that can be seen as insensitive. However, for those who are unwell due to symptoms related to pregnancy loss before 24 weeks and are unable to return to work, Statutory Sick Pay (SSP) can be used. Eligible employees can self-certify their incapacity for work for the first seven days of their sickness absence, protecting their confidentiality during this period. They can take further time, if necessary, if they receive a Statement of Fitness for Work from a healthcare professional (otherwise known as a fit note). The Government expects employers to be sympathetic to individual circumstances and to respond sensitively to support their staff experiencing pregnancy loss. The Advisory, Conciliation and Arbitration Service (ACAS) has published guidance1 that assists both employers and employees during such times. One of the issues highlighted in the Committee report is the concern that sickness absence due to miscarriage or pregnancy loss might count towards an employee’s overall sickness absence entitlement. ‘Pregnancy and maternity’ is a ‘protected characteristic’ under the Equality Act 2010, ensuring women are treated fairly and have equal opportunities during and after pregnancy. If an employee is put at a disadvantage and treated less favourably because of a pregnancy-related illness or related time off this could be considered discrimination. It is because of this protection in the Equality Act 2010 that ACAS guidance is clear any sickness absence related to pregnancy should be recorded separately from other sickness absences and should not count towards any review or trigger points in the absence policy. Women who believe their dismissal was discriminatory or unfair, or that they have suffered detrimental treatment, can take their case to an Employment Tribunal. 1 Stillbirth or miscarriage - Time off work for bereavement - Acas Recommendation one 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 (CIPD), the Advisory, Conciliation and Arbitration Service (Acas) and the Trades Union Congress, to promote the benefits of generous and flexible pre24-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.