2nd Report - Equality at work: Miscarriage and bereavement leave

conclusion 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.

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.

conclusion While there have been incremental improvements in recent years, substantial gaps in employer-led provision remain. The case for a minimum standard in law is overwhelming. A period of paid bereavement leave should be available to all women and partners who experience a pre-24-week pregnancy loss. 17

recommendation We intend to table amendments to the Employment Rights Bill in the name of our Chair for consideration at Report stage. The amendments are set out in annex B of this report. They seek to extend the same entitlements to statutory parental bereavement leave and pay as are currently available to parents bereaved by the loss of children and stillbirths to employees who experience pre-24-week pregnancy losses. This would include those who experience miscarriage, ectopic pregnancy, molar pregnancy, in vitro fertilisation embryo transfer loss, and terminations for medical reasons. We call on the Government to support our amendments, or bring forward its own, to ensure that all those who experience the physical and emotional pain and grief of pregnancy and baby loss are able to access the support they need. 18