History made with new miscarriage leave legislation

According to the pregnancy and baby charity, Tommy’s, 1 in 4 pregnancies ends in loss. The physical and emotional pain of a miscarriage can be overwhelming, and yet many people feel a need to keep that pain to themselves. The taboo that sadly surrounds pregnancy loss means many people feel compelled to “carry on as usual”, and that can include returning to work long before they have had a chance to properly come to terms with what has happened.

Thankfully times are changing, with brand-new legislation aiming to challenge that taboo and help take the pressure off a return to work. Read on as the Occupational Health experts at YourGP explain what the new miscarriage leave means for workplaces across the country.

Northern Ireland leading the way

In April 2026, new regulations came into effect in Northern Ireland which entitled both the mother and her partner to up to two weeks of paid leave following pregnancy loss before 24 weeks.

By introducing miscarriage leave, Northern Ireland made history as the first region in the UK to introduce statutory paid leave for parents who experience a miscarriage.

What this means for employers in Northern Ireland

These new regulations show a significant step forward for four key reasons:

1. Length of leave: Parents are entitled to up to two weeks of leave, which can be taken as one continuous 2-week block or two separate 1-week blocks within 56 weeks of the loss.
2. Rate of pay: Parents are entitled to the statutory parental bereavement rate or 90% of weekly earnings, whichever is lower.
3. Eligibility: This new legislation is a “day-one right”, which means employees do not need to have worked at the company for a minimum amount of time in order to qualify for it. The legislation also eliminates the 26-week qualification period for standard parental bereavement leave and pay across the board, making time off for stillbirths and child bereavement a day-one right as well.
4. Self-declaration: Employees only need to provide a self-declaration of their miscarriage to their employer, which means no intrusive medical evidence is required.

What this means for employers in Scotland

At present, there is currently no legal right to statutory bereavement or parental leave for parents in Scotland who suffer a miscarriage up to 23 weeks of pregnancy.

However, new legislation is due to be introduced in Scotland in 2027. This will include providing parents who experience a miscarriage to a minimum of one week of unpaid bereavement leave. This will be a day-one right and will be available to both the mother and her partner.

What happens until those changes are brought into effect?

Until new legislation is introduced in Scotland, all employees in Scotland who experience pregnancy loss are entitled to take standard sick leave or use their standard annual leave allowances. Some workplaces may also offer compassionate leave, but this is purely at the employers’ discretion.

Speak to the OH experts at YourGP

If you would like more information on how you can support an employee through pregnancy loss, speak to the Occupational Health experts at YourGP. Simply call 0131 225 5656 or email occhealth@your.gp and we’ll be happy to arrange an appointment at a time that suits you.