Northern Ireland leads way with new miscarriage support legislation

Statutory miscarriage leave and pay will take effect in Northern Ireland from 6 April as part of the Parental Bereavement (Leave and Pay) Act (Northern Ireland) 2022 – ahead of Scotland, England and Wales, and Ireland.

Under the new rules in Northern Ireland, statutory pay, set at the lower of £194.32 per week or 90% of weekly earnings from April 2026, will be available, with both the woman and her partner entitled to two weeks of paid leave to take over the 56-week period after their loss, either in two single week blocks or as one fortnight-long block.

No personal medical information will be required to claim it, with affected employees only required to inform their employer of their loss and that they wish to take bereavement leave. Employees and workers will be entitled to take leave under the Act from the first day of their employment as the previous 26 week qualifying period has been removed. 

Similar entitlements will be introduced in Scotland, England and Wales in 2027 as part of the raft of changes to employment law in the Employment Rights Act 2025. However, full details of the proposed bereavement leave, including bereavement leave for pregnancy loss before 24 weeks, will not be confirmed until secondary legislation is passed. A consultation on this type of leave closed on 15 January, and more detailed proposals will follow once responses to that consultation have been considered.

Meanwhile, in Ireland, the Pregnancy Loss (Miscellaneous Provisions) Bill 2025 is at an early stage of debate in the Oireachtas, Ireland’s national parliament. The current draft bill proposes day one employment protections for those who miscarry and their partners. This would include a minimum of five days leave for those suffering a loss, and a further two and a half for their partner, with pay at the normal rate of employment.

Laura McManus, an employment law expert with Pinsent Masons in Belfast, said: “The introduction of expanded parental bereavement leave in Northern Ireland from April 2026 marks a significant milestone in the region’s employment rights landscape. The Parental Bereavement (Leave and Pay) Act (Northern Ireland) 2022 expressly included a statutory duty on the Department for the Economy to introduce regulations extending bereavement leave and pay – initially applying to stillbirth and child death – to cover miscarriage, and to make these rights effective no later than 6 April 2026. Businesses have therefore been aware of the direction of travel since the Act’s passage, and many have been preparing in anticipation of the new framework.

“Crucially, the differences between Northern Ireland and Scotland, England and Wales in employment law remain and will continue to grow with the introduction of the Employment Rights Act 2025 in Scotland, England and Wales and the delay to the Good Jobs Bill in Northern Ireland. Employers operating across multiple UK and Irish jurisdictions must ensure they do not assume uniformity but instead tailor their policies, payroll systems, and manager training to reflect these distinct statutory obligations.”

Louise Shaw, an expert in employment rights in Scotland and Ireland with Pinsent Masons, said the introduction of the statutory leave and pay in Northern Ireland could provide impetus for businesses operating in Scotland, England and Wales, and Ireland to look at their own procedures ahead of legislation arriving there.

"There is currently no right to specific time off work for people who experience pregnancy loss before 24 weeks in Scotland, England and Wales, or Ireland. Employees in this situation can either take sick leave or discretionary compassionate leave, if offered by their employer; whereas for a pregnancy loss after 24 weeks in Scotland, England and Wales, and Ireland, the mother would be entitled to the full period of maternity leave,” she said.

“Many of our employer clients are continually looking at how they can improve their policies to ensure that their workplaces are family friendly. For clients with operations in Scotland, England and Wales, and Ireland, this is an opportunity to get ahead of the legislation and bring in enhanced policies now in order to support their employees on this issue, perhaps as part of a broader objective to attract and retain talent.

“Employers may therefore wish to consider adopting aligned pregnancy loss policies across jurisdictions, clearly distinguishing between statutory entitlements and enhanced employer benefits, and building flexibility into policies to accommodate future legislative reform."