October’s Baby Loss Awareness Month provides an important opportunity to reflect on how bereaved parents are supported at work, to remind employers of their obligations in relation to bereavement leave & pay and to look to changes we can expect to see in 2027.
As it stands:
if an employee loses a child before the age of 18, or if they have a stillbirth after 24 weeks of pregnancy, they are entitled to 2 weeks leave from day one of employment. This can be taken as two consecutive weeks or two separate weeks but it must be taken within 56 weeks of the date of the death.
an employee who has been employed for at least 26 weeks by the week of the death will qualify for statutory parental bereavement pay of £194.32 a week or 90% of average earnings (whichever is lower).
The Government have recognised that there are some gaps in this legislation and there is a way to go before bereaved parents are properly supported. Following a period of consultation earlier this year, the Government have announced the changes that will be coming into force from April 2027.
Looking specifically at parental bereavement, we can expect:
an employee who loses a pregnancy before 24 weeks (including termination and IVF transfer loss) will qualify for two weeks unpaid leave, as will the spouse, civil partner, other parent, committed partner or, in a surrogacy arrangement, the intended parents.
Clearly, the current legislation and the upcoming changes do not make the pain or grief disappear. The above is the statutory framework and is the minimum that an employer can offer, but it is open to employers to offer additional support, such as additional pay or leave, a phased return to work, offering flexible working arrangements, a review of workload and ensuring regular check ins are carried out.