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Select committee: Women and Equalities Committee

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

HC 335 Published 15 January 2025

Women and Equalities Committee Equality at work: miscarriage and bereavement leave Report on parliament.uk ↗

At a glance2 recommendations and 2 conclusions · Government response published 24 March 2025 (deadline 15 March 2025)

The government's response

Summary written by Accountability Index from the government's response. It is not the government's own words.

The Government "accepted the principle of bereavement leave for pregnancy loss" during the Employment Rights Bill Report Stage debate, but the response does not set out a statutory scheme or timetable.

  • The Government "agrees that more can be done to support parents who experience pregnancy loss before 24 weeks" and recognises "the gap in support" for those who experience a pregnancy loss before 24 weeks.
  • On the Committee's proposed amendments, the Department for Business and Trade "looks forward to further discussions with the Committee" on a statutory entitlement as the Bill moves to the House of Lords.
  • On sick leave, the Government recognises that for many women the bereavement period "is not sick leave", but notes that Statutory Sick Pay can be used by those who are unwell due to symptoms related to pregnancy loss and unable to return to work.
  • On promoting employer policies, the Government "will work with stakeholders such as CIPD, ACAS and TUC" to understand what can be done to highlight this work and "investigate where existing guidance can be strengthened further". No date is given.

Read the government's response ↗ Report an error

Sources

Recommendations and conclusions 4

  1. 46
    Sick leave inadequate for miscarriage support, lacking confidentiality, dignity, and sufficient pay Conclusion · addressed to Government Equalities Office Conclusion (the committee's words)
    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.
  2. 47
    Promote benefits of generous pre-24-week pregnancy loss leave policies and strengthen awareness guidance Recommendation · addressed to Government Equalities Office Recommendation (the committee's words)
    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.
  3. 48
    Substantial gaps in employer pregnancy loss provision necessitate a minimum legal standard for paid leave Conclusion · addressed to Government Equalities Office Conclusion (the committee's words)
    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
  4. 49
    Extend statutory parental bereavement leave and pay to employees experiencing pre-24-week pregnancy losses Recommendation · addressed to Government Equalities Office Recommendation (the committee's words)
    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