Reproductive Loss Leave: Legal Updates and HR Best Practices

What is reproductive loss leave (miscarriage leave)

Reproductive loss leave is time off work following a reproductive loss event. This includes:

• Miscarriage

• Stillbirth

• Failed adoption

• Failed surrogacy

• Unsuccessful assisted reproduction (such as IVF)

The purpose of this leave is to give the affected person (whether the birth mother, partner, or adoptive parent) time to grieve, recover, and process the loss. It acknowledges that pregnancies can end in loss, and that the impact is not just physical but deeply emotional.

This leave may be structured as bereavement leave, sick leave, or personal leave, depending on the employer's policy and local legal context. But the key is that it protects employees during a difficult period, offering support without the added stress of work.

Legal status in the UK

The law is slowly catching up to what many already understand; grief doesn’t need a heartbeat to be real.

Proposed statutory miscarriage leave under the Employment Rights Bill

Under current UK law, statutory bereavement leave only applies when a child dies after 24 weeks of pregnancy or after birth. There’s no legal right to leave for miscarriage before 24 weeks, even though this is when most reproductive losses happen.

However, that’s set to change. An amendment to the Employment Rights Bill, led by Labour MP Sarah Owen, introduces protected leave for miscarriage.

Here’s what’s currently on the table:

This new law will give eligible employees the right to step away from work immediately after a miscarriage without fear of losing their job or income security. While it doesn’t cover paid leave yet, it creates a legal foundation for future improvements.

Recommendations for two weeks’ paid leave

A 2023 report from the Women and Equalities Committee urged the government to go further. It recommended:

• Two weeks of paid leave for miscarriage under 24 weeks

• Equal access for partners and non-birth parents

• That this be included as part of statutory bereavement leave

This proposal has received cross-party support, with many MPs, including Sarah Owen, backing the change. However, it hasn’t been included in the final bill yet. The campaign continues, and HR teams should monitor developments to ensure compliance as the law evolves.

Employer-led reproductive loss leave policies in the uk

Some businesses aren't waiting for Parliament, they're already doing the right thing.

Preparing for early adoption of statutory leave

Forward-thinking employers are updating their bereavement and sick leave policies now to include miscarriage. Doing this not only supports your people; it prepares your business for the 2027 legal changes.

Key points to include in updated policies:

By preparing now, employers show they are responsible, empathetic, and ready to support employees through difficult personal circumstances.

Pay expectations and best-practice design

Under the proposed framework, statutory bereavement pay is likely to align with existing rates for Parental Bereavement Leave, which are:

• £187.60 per week, or

• 90% of average weekly earnings (whichever is lower)

However, some employers already go beyond this with enhanced leave policies:

• Full pay for 1–2 weeks

• Separate leave categories for reproductive loss, not just lumped into general sick leave or compensatory time

• Leave available to both parents, recognising their shared grief

Offering paid leave sends a clear message: this business understands the reality of pregnancy loss and supports employees during that time.

Procedural requirements and training

Having a policy on paper is one thing, putting it into practice is another. HR and managers must be ready to handle requests sensitively.

Recommendations:

• Train HR teams and line managers on the policy, including who’s eligible, how it works, and what support is available

• Include grief awareness training to help staff respond with compassion

• Set up record-keeping procedures that are GDPR-compliant and protect the employee’s privacy

• Communicate clearly through internal HR portals or staff handbooks so employees know they are entitled to support

Creating a respectful, confidential, and fair process builds trust and ensures your organisation can maintain compliance once the law changes.

Us legal and policy context

Unlike the UK, the United States has no federal law granting bereavement leave, for miscarriage or any other reproductive loss. There’s no legal right to time off after pregnancy loss. Instead, it’s up to individual employers to decide whether to offer personal leave or sick leave for this purpose.

That means:

• Leave for a reproductive loss event must be voluntary

• Coverage depends on internal policy or state-level law

• Many employees are not entitled to protected time off

Employers that do offer leave often do so as part of short-term disability, sick leave, or flexible paid time off banks, but this can leave gaps in coverage, particularly for partners or for non-physical loss like failed adoption.

State-level reproductive loss leave laws

Some states have stepped in with specific protections:

These laws don’t create a universal protected leave, but they do provide legal backing for affected employees to step away from work without penalty.

Employers in the US should:

• Monitor state legislation

• Adjust policies as needed to ensure compliance

• Recognise the patchwork legal environment and prepare accordingly

Administrative and payroll considerations

If it’s not built into your systems, it’s easy to mishandle.

Integrating leave into HR systems

To properly manage reproductive loss leave, HR systems need to reflect it clearly and separately from other types of time off.

Steps to integrate:

• Create distinct leave codes in your HR platform (e.g. “Reproductive Loss Leave”)

• Set up matching payroll codes for any paid leave or compensatory time

• Ensure absence tracking can report leave duration and type without exposing sensitive details

• Maintain secure digital records with limited access

Avoid generic “sick leave” or “unpaid leave” labels, which can undercut the policy’s intent and lead to record-keeping issues later.

Manager and HR training

HR staff and line managers must be ready to respond appropriately. Handling pregnancy-related illness and miscarriage leave is all about responding with care.

Key training areas:

• Empathy in conversations around pregnancy loss and stillbirth

• Policy adherence; know the rules, apply them fairly

• Handling disclosures with privacy and respect

• Knowing when and how to refer someone for further assistance

💡Practical tip: Build modular training content into your LMS. Make sure new managers complete this within their first three months in role.

Potential challenges and risk mitigation

Even the best policy can fall apart in practice if not thought through.

Managing requests: confidentiality vs operational need

Reproductive loss is personal. Employees may not want to explain why they need time off, but operational demands still exist.

Mitigation strategies:

• Offer anonymous leave request options in HR platforms

• Avoid requiring medical proof

• Use flexible staffing models to manage short-notice absence

• Build non-specific backup plans into rotas or scheduling tools

This helps balance the business need to maintain staffing with the employee’s right to confidentiality.

Equity perceptions among non-eligible staff

Not every employee will qualify for this leave. For example, someone who hasn’t disclosed a pregnancy may not be seen as eligible. This can lead to perceived inequity among staff.

Solutions:

• Communicate clearly about why this leave exists

• Use internal FAQs or line manager talking points to explain the policy

• Offer alternative support routes, such as personal leave or counselling access for others going through loss

People talk. Make sure your message is consistent and shows the business cares, even when leave isn’t available to everyone.

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