Pregnancy Loss Leave 2027: What Employers Must Prepare

On 22 September 2026, the government announced that employees who lose a pregnancy before 24 weeks, and their partners, will have a legal right to up to 2 weeks of unpaid leave from April 2027 (GOV.UK, 2026). Today, a miscarriage in the first 24 weeks carries no entitlement to statutory maternity, paternity or parental bereavement leave (Acas, 2026).

Baby Loss Awareness Week runs from 9 to 15 October 2026 (Baby Loss Awareness Week, 2026). The week gives employers a natural point to review how their organisation responds when an employee loses a pregnancy.

This post sets out what has been announced, what the Employment Rights Act 2025 says, and what the regulations still have to confirm. It is general information, not legal advice. An employer with a live case should speak to Acas or a qualified adviser.

What is changing for employees who lose a pregnancy?

From April 2027, employees who experience a pregnancy loss before 24 weeks will be entitled to up to 2 weeks of unpaid leave, and so will their partners. Qualifying losses include miscarriage, terminations and unsuccessful IVF embryo transfers. The government will bring the change in through secondary legislation in 2027 (GOV.UK, 2026).

The announcement covers two new rights. The first is bereavement leave for employees who lose a spouse or partner, parent, adult child or sibling, including step, half, adoptive and kinship care relationships (GOV.UK, 2026). The second is leave after pregnancy loss, which this post covers.

The legal basis is section 18 of the Employment Rights Act 2025, headed "Bereavement leave" (legislation.gov.uk, 2025). It renames parental bereavement leave as bereavement leave and adds pregnancy loss. The Act defines pregnancy loss as the ending of a pregnancy after less than 24 weeks in any way other than a live birth. It also covers an embryo failing to implant after a transfer in certain fertility treatment. For leave that is not for the death of a child, the Act sets a minimum of at least 1 week and leaves the specified losses and relationships to regulations (legislation.gov.uk, 2025). The announcement gives up to 2 weeks.

Parts of section 18 came into force on 6 January 2026 for specified purposes (legislation.gov.uk, 2025). The government gives April 2027 as the date the new leave takes effect (GOV.UK, 2026).

A stillbirth after 24 weeks already carries rights. Eligible parents keep their maternity and paternity entitlements, and both parents may then be entitled to a further 2 weeks of parental bereavement leave (Acas, 2026).

Who qualifies for pregnancy loss leave, and is it paid?

Employees who lose a pregnancy before 24 weeks qualify, as do their partners. Partners include the other biological parent and intended parents in a surrogacy arrangement. GOV.UK describes the leave as unpaid, and the final rules on eligibility will be set in regulations (GOV.UK, 2026).

The announcement does not state a minimum length of service, so employers should check the regulations when they are published. For comparison, Parental Bereavement Leave is available from the first day of employment, for 2 weeks per child (GOV.UK guide, 2026).

Pay under the existing scheme works differently. Statutory Parental Bereavement Pay is £194.32 a week or 90% of average weekly earnings, whichever is lower (GOV.UK guide, 2026). It requires 26 weeks of continuous employment and average earnings of £129 a week (GOV.UK eligibility, 2026). The announced pregnancy loss leave comes without statutory pay, so the pay decision sits with each employer.

Some employers already pay. Acas notes that an employer could adopt a miscarriage policy with paid leave, or include miscarriage in an existing bereavement policy (Acas, 2026).

Sickness absence after an early miscarriage is likely to count as pregnancy-related sickness. Acas advises recording it separately and keeping it out of absence review and trigger points, because unfavourable treatment linked to pregnancy-related sickness could be discrimination under the Equality Act 2010 (Acas, 2026).

How will notice, evidence and flexibility work?

Employees can take the leave flexibly within 56 weeks of the loss, including as single days. No one will be asked or required to provide evidence of their loss. Employees are protected from detriment or dismissal for taking bereavement leave. For leave in the first 8 weeks after a bereavement, notice is given as soon as reasonably practicable (GOV.UK, 2026).

The 56 weeks is just over a year. A line manager could see absence arrive in single days across that whole period, with no fixed block to plan around. Rotas, shift cover and project deadlines will need to allow for it.

The no-evidence rule has a practical effect on forms. An absence form or HR system that asks for a hospital letter, a certificate or a reason code visible to line managers would conflict with the stated approach. Employers may want to check their forms before April 2027.

The announcement places the 8-week notice rule under the new bereavement rights. Employers should check whether the regulations apply the same rule to pregnancy loss leave.

What should employers prepare before April 2027?

Employers can prepare a written policy, manager guidance, absence and payroll coding, and a rule on who sees the reason for leave. Final details will arrive in regulations during 2027, so the policy should be built to be updated. Acas already sets out good practice that employers can adopt now (Acas, 2026).

Start with the policy. Match its scope to the announcement: miscarriage, terminations, unsuccessful IVF embryo transfers, and leave for partners. Decide whether the organisation will pay for any of the 2 weeks, and say so in writing.

Managers need clear guidance on the first conversation. Acas says employees do not have to tell their employer about a miscarriage, and recommends doing so if they feel able, so the employer can offer support, including time off (Acas, 2026). Acas suggests employers talk with the employee about their needs, with options such as changes to working patterns, a phased return or home working.

Absence recording needs a separate code that does not feed into trigger points. Payroll needs to handle leave taken in single days, and a route for any pay the organisation chooses to offer.

The regulations are the missing piece. The government said it will enact the changes by secondary legislation in 2027 (GOV.UK, 2026). Track the GOV.UK announcement and the regulations, and review the policy once the final text is published.

What would better support look like from the system's side?

Better support starts before the loss: a written policy employees can find without asking, managers who know what to say, a named contact, and a route to specialist help. The statutory right sets the minimum. The workplace system decides how the minimum feels to the person using it.

The scale makes this a planning question. The government estimates that 1 in 5 women in the UK will experience a miscarriage in their lifetime (GOV.UK, 2026). Employees do not have to tell their employer (Acas, 2026), so a policy has to work for people whose employer does not know.

Specialist help already exists. The NHS lists Miscarriage UK and Tommy's as sources of advice and support for anyone affected by the loss of a baby during pregnancy (NHS, 2026). A policy can name them. An employee assistance programme can also hold this route, as set out in our guide to employee assistance programme maternity support.

The same logic applies to the return. Contact during absence, a phased return and a manager who has been briefed keep an employee connected to work. Our post on what employers can learn from places where mothers stay in work covers the wider retention picture, and our explainer on the Employment Rights Act 2025 and pregnant staff covers the other legal changes.

The government is also undertaking a wider review of the parental leave and pay system (GOV.UK, 2026). Policies written now should be built to be revised as that review and the regulations land.

About Matresa

Matresa is a UK digital maternal health platform that offers one personalised pathway from pregnancy to the child's second birthday. It provides preventative support, screening and early signal detection between appointments, and it does not diagnose or treat. Matresa is pre-launch.

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