Supporting an employee who has had a miscarriage or stillbirth

Employers should provide support and guidance to staff who experience a stillbirth or miscarriage during their pregnancy by implementing clear policies, compassionate communication, and practical assistance tailored to individual needs.

What is a miscarriage and what is a stillbirth?

According to the Miscarriage Association, the definition of a miscarriage is when a baby (or fetus or embryo) dies in the uterus during pregnancy. In the UK, that definition applies to pregnancies up to 23 weeks and 6 days. Any loss from 24 weeks is called a stillbirth.

Read further information on miscarriages.

Workplace policies that address pregnancy and baby loss

Ensure any workplace policies on pregnancy and maternity address and recognise pregnancy and baby loss as an important workplace wellbeing issue. You could consider developing a workplace policy that deals specifically with pregnancy and baby loss.

Regularly update policy documents and staff handbooks that address pregnancy in the workplace to reflect changes in the law and highlight available support services. Make sure these policies are easily accessible to all your staff.

See guidance, including a downloadable template, for a miscarriage policy.

Provide bereavement training

Equip managers to support people with empathy and understanding by providing appropriate training on how to respond compassionately and effectively to bereavement, avoid assumptions about readiness to return to work, and offer options without pressure.

Make staff aware of their rights

Miscarriage and maternity leave

If a miscarriage occurs before the end of the 24th week of pregnancy, the employee will not qualify for maternity leave. She could take some time off work on sick leave, or you could allow them to take compassionate/special leave (paid/unpaid), or annual leave. In circumstances where access to an Employee Assistance Programme is available, you may refer her to this and/or other support services.

Miscarriage and paternity leave

Where a pregnancy ends before 24 weeks, and the child does not survive, the father (or the mother's spouse, civil partner, or partner) will not be eligible for paternity leave. They may take sick leave, or you could consider allowing them to take annual leave, compassionate leave, or unpaid leave instead.

Stillbirth and maternity leave

If your employee gives birth to a stillborn baby, she is still entitled to maternity leave and maternity pay, if eligible, if the birth happens after 24 weeks of pregnancy.

Stillbirth and paternity leave

If an employee's wife or partner gives birth to a stillborn baby, they are entitled to paternity leave - but only if the birth happens after 24 weeks of pregnancy.

When a baby dies

If the baby is born alive at any point in the pregnancy but then later dies, the employee is still entitled to maternity leave. The employee’s partner is also entitled to paternity leave.

See the right to maternity leave and the right to paternity leave - births.

Parental Bereavement Leave and Pay

An employee may be eligible for Parental Bereavement Leave and Pay if they or their partner (this includes same-sex partners) has either a child who has died under 18 years old, had a stillbirth after 24 weeks of pregnancy, or experienced a miscarriage.

Entitlement for Parental Bereavement Leave and Pay is from the first day of employment.

Bereaved parents are also entitled to up to two weeks of absence within the 56 weeks following the death of a child through parental bereavement leave. This leave can be used immediately before or after paternity leave or at any time within the 56-week period.

See Parental Bereavement Leave and Pay.

Supportive assistance

Make staff aware of and encourage the use of support resources, such as Employee Assistance Programmes, occupational health services, or workplace counselling, where available. Refer staff to specialist organisations and charities for information and emotional support, including the Miscarriage Association, Tommy’s, and SANDS, which offer toolkits, helplines, and staff training.

See talking about miscarriage in the workplace: a guide for employers and managers.

Helping the employee return to work

Provide return-to-work planning support, including reasonable adjustments or extended leave if needed. Allow flexible working, such as remote working, reduced hours, or phased returns to work following pregnancy and baby loss.

Emphasise confidentiality and ensure any health-related information is treated sensitively.

See returning to work after pregnancy and baby loss.

By creating and maintaining an open and empathetic workplace culture, making practical accommodations, and ensuring policies are clear and accessible, employers can make a significant positive difference for staff members coping with the loss of a pregnancy, baby or child.