The current UK law on bereavement leave offers no statutory right to paid time off following the death of a close family member. While many employers offer compassionate leave as part of their employment contracts, there’s no legal obligation to do so, and the specifics of such leave (duration, pay, etc.) vary significantly.
Now, a cross-party group of MPs is calling for a significant change: extending paid bereavement leave to include miscarriage.
This blog post explores the current legal landscape, the proposed changes, and what this could mean for UK employers.
The Current Legal Position on Bereavement Leave
As mentioned, there’s no statutory right to paid bereavement leave in the UK. Employees are entitled to time off for dependants in certain emergency situations, such as when a dependant falls ill or dies. However, this is unpaid leave and often limited in duration. Many employers offer compassionate leave, but this is a contractual right, not a statutory one, meaning the terms are determined by individual company policies.
The Campaign for Miscarriage Inclusion
A growing campaign, supported by MPs from various parties, is advocating for a legal entitlement to paid bereavement leave that specifically includes miscarriage. The argument is that the emotional and physical impact of miscarriage can be profound, and that women (and their partners) should be given adequate time to grieve and recover without the added pressure of returning to work prematurely.
This campaign highlights the often-overlooked emotional toll of miscarriage. Many women experience significant grief and trauma following a pregnancy loss, and the lack of formal recognition of this loss can exacerbate the emotional burden.
What This Could Mean for UK Employers
If the proposed changes are implemented, UK employers will need to adapt their policies and procedures. Here are some key implications:
• Statutory Right: Bereavement leave, including for miscarriage, would become a statutory right, meaning all employers would be legally obligated to provide it.
• Policy Review: Employers would need to review and update their existing bereavement leave policies to ensure compliance with the new legislation.
• Pay and Duration: The legislation would likely specify the duration of leave and the level of pay employees are entitled to. This could involve a set number of weeks of paid leave, potentially at statutory sick pay rates or a higher percentage of normal earnings.
• Training and Awareness: HR departments and line managers would need training to understand the new regulations and handle related situations sensitively.
• Potential Challenges: Defining the scope of “miscarriage” for legal purposes may present challenges, particularly in early pregnancy losses. Clear guidelines would be essential.
The Importance of Compassionate Policies
Regardless of whether the proposed legislation is passed, employers should strive to create compassionate and supportive workplaces.
This includes:
• Clear Bereavement Policies: Having clear and accessible bereavement policies that outline the support available to employees.
• Flexible Working: Offering flexible working arrangements to employees who are grieving.
• Employee Assistance Programs: Providing access to employee assistance programs (EAPs) that offer counselling and support services.
• Sensitivity and Understanding: Fostering a culture of sensitivity and understanding towards employees experiencing loss.
Conclusion
The push to include miscarriage in paid bereavement leave represents a significant step towards recognising the emotional impact of pregnancy loss. While the legal landscape is still evolving, employers should be prepared for potential changes and prioritise creating supportive and compassionate workplaces.