Baby Loss Awareness Week: supporting employees through pregnancy loss and bereavement

Baby Loss Awareness Week took place from 9 to 15 October 2026. The week seeks to raise awareness of pregnancy and baby loss, to remember babies whose lives were cut short, and to support bereaved parents, families, friends and colleagues. It concluded with the global Wave of Light on 15 October, when people are invited to light a candle at 7 pm local time and leave it burning for at least one hour in remembrance.

In this article, we outline the rights currently available to employees who experience baby loss, the reforms the Government intends to introduce from April 2027, and the steps employers may wish to take in preparation.

The current position

Statutory parental bereavement leave provides eligible employees with a day-one right to up to two weeks’ leave following:

• the death of a child before the age of 18; or
• stillbirth after 24 weeks of pregnancy.

Following a stillbirth after 24 weeks of pregnancy, employees remain entitled to statutory maternity and leave (and statutory maternity and paternity pay, if eligible). Both parents may also have the right to statutory parental bereavement leave and pay, in addition to any maternity/paternity leave to which they are entitled.

In Great Britain, there is currently no specific statutory right to bereavement leave following pregnancy loss before 24 weeks. Depending on the circumstances, an employee may instead rely on sickness absence, time off for dependants, annual leave or any compassionate or pregnancy-loss leave offered under the employer’s policies. 

Reforms from April 2027

The Employment Rights Act 2025 (ERA 2025) introduces a new day-one right to unpaid bereavement leave for employees who experience the loss of a loved one, including pregnancy loss before 24 weeks. Following the recently published response to its consultation, the Government intends to bring the new right into force from April 2027, subject to implementing regulations. The key elements of the entitlement are likely to include:

• Eligibility following pregnancy loss: leave will be available in respect of pregnancy loss before 24 weeks, including miscarriage, termination and the failure of an embryo to implant following an IVF embryo transfer. The entitlement is expected to extend to the person who experienced the loss and certain others with a prescribed relationship to them or the expected child, including partners and intended parents under a surrogacy arrangement.
• Eligibility following other bereavements: leave will be available following the death of a spouse, partner (whether or not cohabiting), parent, adult child or sibling (including biological, adopted, step and half-siblings). Equivalent parental relationships for those raised in kinship arrangements or by foster carers will also fall within scope.
• Duration and timing: employees will be entitled to up to two weeks’ unpaid leave, calculated by reference to their average working pattern. Leave must be taken within 56 weeks of the date of the bereavement, or the date on which the employee became aware of it, and may be taken as single days or a continuous block.
• Notice requirements: during the first eight weeks, notice will generally need to be given before the employee would normally start work on the first day of leave, or as soon as reasonably practicable, and one week’s notice thereafter.
• Evidence requirements: employees will not be required to provide evidence of the bereavement or pregnancy loss in order to take leave.

The new right will operate alongside the existing parental bereavement regime, which will continue to apply on the death of a child or a stillbirth after 24 weeks.

Practical steps for employers

1. Get familiar: there are a number of statutory forms of leave designed to support employees facing difficult family circumstances. These include neonatal care leave and pay, unpaid parental leave, time off for dependants, parental bereavement leave and pay, bereaved partner’s paternity leave and carer’s leave. Employers should understand how these rights interact and ensure managers and HR can direct employees to the appropriate support.
2. Communicate available support: ensure employees are aware of both their statutory entitlements and any enhanced leave or pay offered by the organisation. An up-to-date handbook with comprehensive family-related leave policies which set out employees’ statutory rights can encourage them to seek appropriate support and help them feel cared for at work.
3. Prepare for the reforms: review your organisation’s existing policies, and implement missing policies, to ensure that they reflect the new statutory entitlement and consider whether enhanced paid leave, manager training and additional practical support should be provided. 
4. Signpost sources of support: make employees aware of internal resources, such as employee assistance programmes, as well as external organisations offering support. Sands, Tommy’s, Miscarriage UK and Luna’s Light Appeal are among organisations providing a range of resources and support to those affected by pregnancy and baby loss.

If you have any questions about the Employment Rights Act 2025 and the steps your organisation should be taking in light of the upcoming changes, please contact the Employment Team.