Calls for a right to paid leave where a miscarriage is suffered within the first 24 weeks of pregnancy

A private member’s bill has been introduced by SNP MP Angela Crawley which aims to give women and their partners who suffer a miscarriage within the first 24 weeks of pregnancy a right to some paid leave. There is currently a right to 1 or 2 weeks’ paid leave for eligible parents in respect of a child who is still born after twenty-four weeks of pregnancy. This right was introduced in January 2020 and forms part of the right to Parental Bereavement Leave (PBL). The fact that the right to PBL was introduced fairly recently makes it arguably unlikely that the right is going to be extended any time soon. 

While there is no legal right to paid time off for those who suffer a loss during the first 24 weeks of pregnancy, some employers choose to provide paid time off to their employees in this situation. While this comes at a cost to an employer, supportive measures like this are normally very well received by employees and reputationally are positive for an employer. Despite employees having no right to paid PBL in these circumstances, that does not mean that employers can insist that the employee doesn’t take any time off work, without the risk of a potential Employment Tribunal claim. The employee may be signed off sick and entitled to statutory sick leave and pay and employers should be mindful of the mutual term of trust and confidence which exists in every employment contract (a breach of which can form the basis for a constructive unfair dismissal claim).