What is Baby Loss?
Baby loss is far-reaching and can include:
- Fertility complications and infertility
- Miscarriage, including ectopic pregnancy and molar pregnancy
- Termination of pregnancy due to foetal anomaly
- Loss of one or more babies during a twin or multiple pregnancy
- Stillbirth
- Neonatal death
- Sudden and unexpected death of an infant
- Accidental death of an infant
The scale of pregnancy loss and baby death is significant. Research indicates:
- 1 in 4 pregnancies end in miscarriage
- Around 5,000 pregnancies each year are terminated due to foetal anomaly
- 1 in 150 babies are stillborn or die during the neonatal period
- Approximately 13 babies die each day
- Around 1 in 7 couples experience infertility
It is likely that every workplace will have employees who have been affected directly or indirectly by baby loss, pregnancy loss, infertility or fertility treatment.
Every individual’s experience is unique. The nature of the loss, physical and mental wellbeing, support networks, beliefs and personal coping mechanisms can all influence how someone responds and the support they may need.
Legislation and Best Practice
Current Legal Rights
The Parental Bereavement Leave and Pay Regulations came into force on 6 April 2020.
Employees have a day-one right to up to two weeks’ Parental Bereavement Leave if:
- They lose a child under the age of 18.
- They experience a stillbirth from 24 weeks of pregnancy onwards.
Eligible employees may also qualify for Statutory Parental Bereavement Pay if they:
- Have at least 26 weeks’ continuous service with their employer.
- Earn at least the Lower Earnings Limit for National Insurance purposes.
New Rights Coming into Force in April 2027
The UK Government has confirmed significant changes to bereavement and pregnancy loss rights, expected to take effect from April 2027. These changes will provide greater protection and support for employees experiencing loss.
Pregnancy Loss Leave
Employees will have a new day-one right to up to two weeks’ unpaid bereavement leave following pregnancy loss before 24 weeks, including:
- Miscarriage
- Ectopic pregnancy
- Molar pregnancy
- Termination of pregnancy
- Unsuccessful IVF embryo transfer
- Other pregnancy losses occurring before 24 weeks of pregnancy
The entitlement will apply to:
- The individual who was pregnant
- Their spouse, civil partner or partner
- The other biological parent
- Intended parents in a surrogacy arrangement
This represents a significant change, as there is currently no specific statutory bereavement leave entitlement for pregnancy losses occurring before 24 weeks.
Wider Bereavement Leave Rights
From April 2027, employees will also gain a day-one right to bereavement leave following the death of:
- A spouse or partner
- Parent
- Adult child
- Sibling
The legislation will recognise a broader range of family relationships, including:
- Adoptive relationships
- Step relationships
- Half relationships
- Foster relationships
- Kinship care relationships
The leave will be available regardless of length of service.
Flexible Use of Leave
The new bereavement leave provisions will allow employees to:
- Take leave as individual days or blocks of leave
- Use leave within 56 weeks of the loss
- Access the entitlement from their first day of employment
- Take leave without providing formal evidence of the bereavement in most circumstances
These changes recognise that grief is not linear and may affect employees at different times, such as anniversaries, due dates or significant family events.
What Employers Need to Consider
The impact of baby loss and bereavement can be significant for both the mother and their partner and may include:
- Physical and emotional distress
- Anxiety, depression or trauma
- Medical appointments and ongoing treatment
- Postnatal recovery following stillbirth or neonatal death
- Funeral arrangements
- Sleep difficulties and fatigue
- Managing due dates, anniversaries and significant milestones
- Returning to work while managing grief
- Difficult conversations with family, friends and colleagues
- Finding it difficult to be around babies or discussions relating to children
Research into baby loss and bereavement suggests:
- Many women require several weeks away from work following miscarriage
- Some parents remain absent from work for several months following stillbirth
- Many parents reduce their working hours following baby loss
Not all employers are able to provide enhanced paid leave beyond statutory entitlements. However, employers should consider any reasonable support they can provide, including additional unpaid leave, flexible working, wellbeing support and regular welfare discussions.
Supporting Employees: What Not to Say
Although often well-intended, the following comments can be upsetting:
- “Maybe it was meant to be.”
- “You’re still young, you can have more children.”
- “At least you didn’t get to know them properly.”
- “You’ll be back to normal soon.”
- “Time is a great healer.”
What to Say Instead
Supportive responses may include:
- “I’m so sorry to hear that.”
- “I don’t know exactly what to say, but we’re here to support you.”
- “Please take the time you need.”
- “We’ll work with you to find the support that’s right for you.”
- “Let us know what would help.”
- “We’ll keep in touch in a way that works for you.”
Building a Supportive Workplace
Employers can create a supportive culture by:
- Developing a compassionate Baby Loss and Bereavement Policy.
- Considering enhanced paid leave where possible.
- Training managers and HR teams on supporting employees.
- Listening to and being guided by the individual employee.
- Making time for regular wellbeing conversations.
- Being flexible and recognising that needs may change.
- Confirming important discussions and arrangements in writing.
- Signposting support services and Employee Assistance Programmes.
- Respecting confidentiality and personal wishes.
- Maintaining sensitive communication with colleagues and teams.
Supporting Employees on Their Fertility Journey
Infertility affects around one in seven couples and can have a significant emotional, physical and financial impact.
Whilst there is currently no statutory right to time off specifically for fertility treatment, employers should support employees through the process wherever possible.
Appointments and any associated sickness absence should generally be treated in the same way as any other medical appointment or health-related absence.
Employers may wish to consider:
- Flexible working arrangements
- Paid time off for appointments
- Unpaid leave
- Annual leave options
- Temporary adjustments to duties or working patterns
Pregnancy Rights and IVF
Employees undergoing IVF treatment may be protected under pregnancy and discrimination legislation.
Once an embryo has been transferred and the employee may be pregnant, pregnancy protections apply.
If treatment is unsuccessful, protection from pregnancy-related discrimination generally continues for a period following the unsuccessful embryo transfer.
Employers should therefore ensure that managers handle fertility-related matters sensitively and seek HR advice where needed.
Additional Ways Employers Can Support Fertility Treatment
- Raise awareness of fertility issues throughout the organisation.
- Create an open and supportive culture.
- Introduce a Fertility Treatment Policy.
- Manage leave and absence with flexibility.
- Train managers on fertility awareness and support.
- Make confidential support available where appropriate.
- Review workplace wellbeing initiatives and Employee Assistance Programmes.
Preparing for April 2027
Employers should begin reviewing their policies and practices now to ensure compliance with the upcoming changes.
Recommended actions include:
- Reviewing Bereavement, Compassionate Leave and Family Leave policies.
- Introducing or updating a Baby Loss Policy.
- Updating manager guidance and training.
- Reviewing fertility treatment support arrangements.
- Considering whether enhanced paid leave can be offered.
- Ensuring HR systems can accommodate the new statutory rights.
- Communicating changes clearly to employees once legislation is implemented.
How THSP Can Help
At THSP, we recognise that baby loss, bereavement and fertility challenges can have a profound impact on employees and their families. Whilst legislation provides important minimum protections, a compassionate and supportive workplace culture can make a significant difference during difficult times.
We can support your business with:
- Policy reviews and development
- Manager and employee training
- Guidance on statutory rights and best practice
- Case management support
- Risk assessments and workplace adjustments
- Wellbeing and absence management advice
- Practical support when managing sensitive employee situations
By taking a proactive and compassionate approach, employers can ensure employees feel supported, respected and valued throughout some of life’s most challenging experiences.