Time off after a miscarriage in the UK: pregnancy loss leave explained (2026)
In the UK there is no statutory miscarriage leave before 24 weeks yet: sickness absence is protected as pregnancy-related sickness. A stillbirth after 24 weeks keeps maternity or paternity leave plus 2 weeks of Parental Bereavement Leave, and from April 2027 up to two weeks of unpaid bereavement leave will cover pregnancy loss before 24 weeks.
If you have a miscarriage before 24 weeks of pregnancy in the UK, there is currently no statutory miscarriage leave: time off is usually taken as sick leave, which counts as pregnancy-related sickness and is protected from discrimination, or as compassionate leave if your employer offers it. After 24 weeks, a stillbirth keeps your full maternity or paternity leave and adds two weeks of Parental Bereavement Leave, and from April 2027 a new day-one right to up to two weeks of unpaid bereavement leave will also cover pregnancy loss before 24 weeks in Great Britain.
This guide is for employees going through a loss, and for HR and managers who want to get the response right. If you are the one grieving, you do not have to read all of it: the table below covers what you are entitled to.
What leave can I get after a miscarriage or pregnancy loss in the UK?
| Situation (as of 2026) | Statutory entitlement | Paid? |
|---|---|---|
| Miscarriage before 24 weeks | No dedicated leave yet. Sickness absence is "pregnancy-related sickness" | Usual sick pay, if eligible |
| Partner, miscarriage before 24 weeks | No dedicated leave yet. Compassionate leave at the employer's discretion | Depends on the employer's policy |
| Stillbirth after 24 weeks, birth mother | Up to 52 weeks of maternity leave, then 2 weeks of Parental Bereavement Leave | Statutory maternity and bereavement pay, if eligible |
| Stillbirth after 24 weeks, father or partner | Up to 2 weeks of paternity leave, then 2 weeks of Parental Bereavement Leave | Statutory paternity and bereavement pay, if eligible |
| Pregnancy loss before 24 weeks, from April 2027 | Up to 2 weeks of bereavement leave, a day-one right | Unpaid by law |
Is time off after a miscarriage before 24 weeks protected?
Yes. Acas guidance says that if a miscarriage happens in the first 24 weeks, any sickness absence the birth mother needs is likely to count as "pregnancy-related sickness". "Pregnancy and maternity" is a protected characteristic under the Equality Act 2010, so treating someone unfavourably because of that absence could be discrimination.
In practice that means:
- Report sick in the usual way. Workers off sick should "report in sick in the usual way" and get their usual sick pay. If the employer is unsure, it can ask for a fit note.
- It is recorded separately. Employers should record pregnancy-related absence separately from other sickness absence and should not count it towards review or trigger points in the absence policy. So it should not feed a Bradford Factor score or a warning.
- You do not have to tell your employer it was a miscarriage. Acas is clear that this is your choice. Telling them lets them offer support, including time off.
There is no statutory leave for partners before 24 weeks yet. Acas encourages employers to consider offering time off anyway, and some already give paid leave specifically for pregnancy loss.
What am I entitled to after a stillbirth after 24 weeks?
A loss after 24 weeks of pregnancy is legally a stillbirth, and the rights are much stronger:
- Maternity leave still applies. The birth mother can get up to 52 weeks of statutory maternity leave or pay.
- Paternity leave still applies. The father, or the partner of the birth mother, can get up to 2 weeks of paternity leave or pay.
- Parental Bereavement Leave on top. GOV.UK says you can take 2 weeks' leave from the first day of your employment for each child who has died or was stillborn. You can take it as one block, two separate weeks or a single week, and it must finish within 56 weeks of the stillbirth. If you are on maternity or paternity leave, it starts after that leave ends.
- Statutory Parental Bereavement Pay, as of 2026, is £194.32 a week or 90% of your average weekly earnings, whichever is lower. To qualify for pay you need at least 26 weeks' continuous employment up to the end of the "relevant week" and average earnings of at least £129 a week before tax.
Some parents do not want their leave called "maternity" or "paternity" after a stillbirth. Acas advises employers to be led by them in how they talk about it. For the wider picture of these leave types, see our guide to maternity, paternity and parental leave.
What is the new pregnancy loss bereavement leave in the Employment Rights Act 2025?
The Employment Rights Act 2025 introduced a day-one right to unpaid bereavement leave, including for pregnancy loss before 24 weeks. On 22 September 2026 the government published its consultation response and confirmed the details, which will be set by secondary legislation coming into force in April 2027. It is not in force yet.
What has been confirmed:
- Who qualifies: employees who have any pregnancy loss before 24 weeks, including miscarriage, terminations and unsuccessful IVF embryo transfers. It covers the person who was pregnant, the other biological parent, partners and intended parents in a surrogacy arrangement.
- How much: up to two weeks, based on the employee's average working pattern.
- When: the leave period starts from the date of the loss or the date the employee learned of it, the leave must be taken within 56 weeks, and it can be taken as single days rather than one block.
- Notice: as soon as reasonably practicable, the same day within the first eight weeks, and one week's notice after that. Any form of notice is acceptable.
- Evidence: none. No one will be asked to prove their loss.
- Pay: none by law. The government says employers can choose to enhance the leave with more time or pay.
The government press release describes the right as covering families across Great Britain. Northern Ireland has its own employment law, so employees there should check nidirect for the local rules.
How should an employer word a compassionate pregnancy loss policy?
You do not have to wait for April 2027. Acas suggests employers create a miscarriage policy offering paid leave, a phased return or home working, or add miscarriage to their bereavement policy. Wording that works:
Pregnancy loss. If you or your partner experience a pregnancy loss at any stage, including miscarriage, ectopic pregnancy, termination or an unsuccessful IVF transfer, you can take [X] days of paid pregnancy loss leave. You do not need to provide evidence or explain the details. Any sickness absence linked to the loss is recorded as pregnancy-related sickness and never counts towards absence triggers. When you are ready to come back, we can agree a phased return, home working or other adjustments.
For the tone: say "I'm so sorry for your loss", ask what they need, and avoid medical questions. Let the employee decide who else is told. Our compassionate and bereavement leave policy guide has a full template, and the sick leave policy template shows how to exclude protected absence from triggers.
Recording pregnancy loss leave without it counting as sickness
The practical risk is that a miscarriage ends up logged as ordinary sick leave and quietly feeds a trigger point later. In Absenca you can add a dedicated leave type, such as "Pregnancy loss" or "Compassionate", so these days sit apart from ordinary sick leave, as Acas recommends. The free plan includes 2 leave types for up to 10 people, and Pro allows 20 leave types. See how Absenca tracks absence.
FAQ
How much time off can I take after a miscarriage in the UK?
As of 2026 there is no fixed statutory amount before 24 weeks. You can take sick leave for as long as you are unwell, and it is protected as pregnancy-related sickness. From April 2027 you will also be able to take up to two weeks of unpaid bereavement leave.
Is a miscarriage counted as sick leave?
The birth mother's absence is usually recorded as sick leave, but as pregnancy-related sickness. It should be logged separately and not counted towards absence trigger points.
Can my partner get time off after a miscarriage?
Not as a statutory right yet, unless the employer's policy offers compassionate leave. From April 2027, partners and the other biological parent will qualify for the new bereavement leave.
Do I get parental bereavement leave for a stillbirth?
Yes. After a stillbirth from 24 weeks, both parents can take 2 weeks of Parental Bereavement Leave from day one, on top of maternity or paternity leave. Pay depends on 26 weeks' service and earnings.
Do I have to tell my employer I had a miscarriage?
No. You can just report sick. Telling them lets them offer support, and the absence is then protected as pregnancy-related.
Rules vary across the UK and can change, so check the latest guidance on GOV.UK or Acas before relying on it.