From 6 April 2026, women and their partners in Northern Ireland who experience a miscarriage or other pregnancy loss at any stage of pregnancy will be entitled to two weeks’ statutory leave and pay. These new rights will sit alongside the existing Parental Bereavement Leave and Pay framework which can be found at https://www.legislation.gov.uk/nia/2022/5/contents. This introduction will see Northern Ireland as the first region in the UK to introduce a statutory right for miscarriage leave.
The scheme will mirror existing parental bereavement provisions for stillbirth (pregnancy loss after 24 weeks) and death of a child under 18 years. Eligible employees who experience a miscarriage will have the right to two weeks’ leave, taken either as a single two-week block or two separate one-week blocks. The leave must be taken within 56 weeks of the date the woman experiences the miscarriage or becomes aware of it. An employer is obliged to pay the employee either £194.32 a week or 90% of their individual weekly earnings, whichever of the two is lower.
Oral notice is sufficient within the first 8 weeks of the loss. Within these 8 weeks, the notice period is minimal i.e., the employee must notify their employer before the time they are due to commence work on the day they want the leave to begin. Should the employee want to take the leave after 8 weeks i.e., between weeks 9 and 56, they must provide 7 days’ notice.
The employee will be able to self-declare their loss. Employers have no entitlement to request medical evidence or any further information regarding the employee’s declaration.
Finally, employees will enjoy protection under this legislation from Day 1 of their employment.
What does this mean for employers?
Training will need to be provided to those in managerial roles around handling sensitive conversations, responding compassionately, avoiding intrusive questions and ensuring those in managerial/HR functions have a solid understanding of the key statutory provisions.
Policies and procedures will need to be amended to reflect this legislative change. A clear policy which sets out employee rights and differentiates between statutory and any enhanced entitlement will remove uncertainty for those employees’ experiencing loss.
In summary, the key takeaways are:
- Two weeks’ statutory miscarriage leave is being introduced, available to the woman who experienced the loss and her partner.
- This amends and extends the existing parental bereavement provisions in Northern Ireland which prior to April 2026 were available in relation to pregnancy loss after 24 weeks and death of a child under 18 years.
- Leave can be taken as one continuous period or two separate weeks, within 56 weeks of the loss.
- Statutory miscarriage pay, paid at the standard statutory rate (expected to be £194.32 per week from April 2026) or 90% of the individual’s weekly earnings. Employer cost recovery where available through existing HMRC arrangements, in line with other statutory payments.
- Oral notice is sufficient
- No intrusive evidence requirements – employees will be able to self-declare the loss.
- The right to leave is a day 1 right i.e., no length of service is required to qualify.
- The right for miscarriage entitlement is not retrospective and will not apply to miscarriages which occurred or were discovered before 6 April 2026.
Whether you’re an employer who needs assistance amending your policies and procedures or an employee seeking to understand your rights, our specialist employment solicitors are here to help.
Chloe Perkins is currently an Apprentice Solicitor in our Employment Department, having worked as a Legal Executive in the department for a number of years prior to commencement of her apprenticeship. Chloe can be contacted on 028 9043 4015 or [email protected]
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