Baby loss is a deeply sensitive issue, where your response as an employer can have a lasting impact. While understanding the legal framework is essential, HR professionals should recognise that providing practical, compassionate support to employees is just as important.
Legal parameters for the loss of a baby
Employee rights following baby loss depend largely on the stage of pregnancy.
After the 24th week
The law treats the loss of a baby as childbirth. So mothers are entitled to maternity leave and statutory maternity pay, and partners may qualify for paternity leave. Redundancy protection also applies in full, giving employees priority for suitable alternative roles for up to 18 months after the date of birth. Parents may additionally be eligible for parental bereavement leave and pay, and, if their baby is born and spends time in neonatal care – neonatal care leave.
Before 24 weeks
Currently rights are far more limited. Employees experiencing miscarriage do not qualify for maternity or paternity leave, although redundancy protection now applies during pregnancy and for two weeks afterwards.
NOTE: Planned reforms under the Employment Rights Bill (now the Employment Rights Act 2025) will introduce at least one week of bereavement leave for pregnancy loss before 24 weeks, but this is unlikely to take effect until 2027.
A compassionate response
Given the gaps in legal protection, many employers are choosing to go further for their staff. HR teams can support employees by training managers so they understand the legal rights to leave and pay and are able to direct staff to easily accessible information at what is often an overwhelming time.
- Provide clear guidance or a standalone policy referencing pregnancy and baby loss so employees feel able to ask for support. Consider supporting grieving parents with enhanced leave and pay, access to counselling, and flexibility around internal maternity policies.
- Teach managers how to handle sensitive conversations.
- Recognising triggering occasions – such as Mother’s Day or Father’s Day – can also demonstrate care and understanding.
Ultimately, a thoughtful, joined-up approach helps employees feel supported through an extremely difficult experience, while reinforcing a compassionate and inclusive workplace culture.
Further reading
- Statutory Parental Bereavement Pay and Leave: Overview – GOV.UK
- Leave and pay when someone dies – Time off work for bereavement – Acas
- Campaign to extend Bereavement Leave – Hunter Law
- Bereavement leave: Now, and in the future – Hunter Law
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