Women who have abortions will now have right to bereavement leave

The Employment Rights Act 2025 has been amended to give women and their partners the statutory right to take up to two weeks of unpaid leave after a miscarriage, termination or failed IVF embryo transfer before 24 weeks of pregnancy. The change extends protection to step‑and‑half relatives, adoptive and kinship carers and foster families, and aligns Great Britain with a broader trend toward recognising pregnancy loss as a bereavement.

In a statement released on 3 March 2025, work minister Kate Dearden announced the new entitlement, noting that it was “shaped with the needs of employees and employers” and would provide a “safety net beyond discretion”. The move follows a consultation that, according to the Department for Business, Innovation, Science and Trade, received support from more than eight in ten employers and nine in ten organisations representing business.

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"No-one should have to fight for time to grieve. These changes back people going through some of the hardest moments of life, whoever they are and wherever they work. I want to thank the campaigners whose courage and testimonies have made this change happen."

Work minister Kate Dearden, via The Independent

The new right applies to staff who lose a spouse, partner, parent, adult child or sibling, and it recognises that pregnancy loss affects the whole family. Women and their partners who experience a pregnancy loss before 24 weeks—including miscarriage, termination and unsuccessful IVF embryo transfer—will be entitled to up to two weeks of unpaid leave. The Act already preserves the existing two‑week unpaid leave for parents who suffer a stillbirth after 24 weeks or the death of a child under 18.

Vicki Robinson, chief executive of Miscarriage UK, welcomed the legislation, saying it “provides a baseline for employers to go further” and that the government should still consider making the leave paid. She added that the new policy would “provide a baseline for employers to go further” and that the government should still consider paid bereavement leave.

"This is an important step in recognising pregnancy loss as a bereavement and the profound impact it can have, and we hope will provide a baseline for employers to go further. We still strongly believe bereavement leave should be paid, and we will continue to press for this through our leave for every loss campaign."

Vicki Robinson, Miscarriage UK chief executive, via The Independent

Paul Nowak, general secretary of the TUC, praised the reform, arguing that it would give all working families a statutory right to grieve and that employers already provide time off after bereavement but that the new protections would standardise the right across the UK.

"No one experiencing the devastating loss of a loved one or a pregnancy should have to worry that they cannot take the time off to grieve. Most employers already provide workers with time off after bereavement. But these new protections will make sure all working families have the time and space they need during some of life’s toughest moments."

Paul Nowak, TUC general secretary, via The Independent

The legislation is part of a wider review of parental leave and pay, which also includes proposals for a statutory paid leave for parents of seriously ill children and for parents with terminally ill children. The bill is currently progressing through Parliament, with a final Commons vote expected in the near future.

In Northern Ireland, the Department of the Economy confirmed that, from 6 April 2026, workers will have a statutory right to two weeks of paid leave after a miscarriage. The new regulations abolish the 26‑week qualifying period that previously applied to stillbirth and child‑death bereavement pay, making the entitlement a day‑one right. The pay rate will match the statutory parental bereavement rate, currently £187.18 per week rising to £194.32 on 6 April 2026, or 90 % of weekly earnings if lower.

The Department stressed that no medical evidence is required; a self‑declaration of eligibility suffices. Notice rules mirror the existing scheme: for leave taken within the first eight weeks after the miscarriage, notice must be given before the normal start time of the first day of leave or as soon as reasonably practicable; for leave between weeks nine and 56, at least one week’s notice is required. Pay notice must be given within 28 days of the first day the payment is to be made or as soon as reasonably practicable.

Across the Atlantic, Canada’s federal Labour Code, effective 12 December 2025, has introduced a pregnancy‑loss leave of up to eight weeks for stillbirths, with the first three days paid and the rest unpaid, and a similar eight‑week bereavement leave for the death of a child under 18. The new leave is employer‑paid for the first three days, with the remainder unpaid. The changes apply to federally regulated workplaces, covering sectors such as transportation, aviation, banking and First Nations band councils.

In the United States, a patchwork of state and local proposals is emerging to recognise pet bereavement and other non‑human loss, reflecting a broader trend toward acknowledging diverse forms of grief in the workplace.

Timeline of key dates:

• 6 Apr 2026 – Northern Ireland implements paid miscarriage leave.
• Apr 2027 – Great Britain implements statutory bereavement leave for miscarriage and early pregnancy loss.

Employers across the UK will need to review and, where necessary, update their policies and employment contracts to reflect the new statutory rights. Workers in Great Britain will be able to claim the leave from the first day of loss, while in Northern Ireland the entitlement will also be a day‑one right, with no qualifying period. The changes are expected to bring greater consistency and fairness to how families cope with pregnancy loss, and to set a precedent for other jurisdictions to follow.