How can employers support employees who experience a miscarriage?

Miscarriages and stillbirths may be more common than people realise, but unfortunately are not spoken about openly. In the UK there are 250,000 miscarriages and 11,000 emergency admissions for ectopic pregnancies annually.  If a pregnancy is lost before 24 weeks, there is currently no legal entitlement to any type of paid family leave.  This article discusses how employers can support employees who have experienced a miscarriage.

Effects of miscarriage on employees

The majority of miscarriages occur during the first 12 weeks of pregnancy. It's typical for expectant parents to hold off alerting their workplace or co-workers about their pregnancy until this time. Grieving often leads to a sense of loneliness and as a result, the work environment becomes even more alienating. Employees may resort to taking sick leave or annual leave to grieve.

Current law

The Equality Act 2010 defines "pregnancy and maternity" as a "protected characteristic." A worker may have been discriminated against if they were treated unfairly and negatively because of a pregnancy-related illness or related leave of absence.

Those who do not qualify for statutory maternity leave are eligible to take leave during the "protected period" under the Equality Act of 2010. The protected period follows pregnancy termination and lasts for two weeks.

During the protected period, pregnancy-related sick days should be recorded separately from usual sick days. These absences shouldn't be considered for determining the trigger points for a sickness absence review.

Miscarriage Leave

Parliament is now debating a Private Members' Bill named the Miscarriage Leave Bill. If enacted, this Bill would give parents who have lost a child before 24 weeks of pregnancy, including through ectopic and molar pregnancies, the legal right to three days of paid leave. Adoptive and surrogate parents, partners of the child's parents, would also be eligible for this type of leave.

This Bill is a good starting point and aids in raising awareness. Such an initiative would demonstrate that there is accessible support for employees. Additionally, it lessens the shame attached to miscarriage and encourages employees to request assistance from their workplace if they so want.

What can employers do now?

Employers who care about their workers' physical, mental, and emotional well-being foster a supportive environment and give them a sense of security and belonging, which is advantageous for retaining employees' loyalty to the business. Given that pregnancy loss is a delicate matter, it is important to handle the situation with compassion and understanding.

Everyone has a different approach dealing with grief. While some want to resume normal activities immediately after, others may discover that being eased back into old routine makes it easier for them to return to work. Employers should consider their employees' best interests based on their specific needs and circumstances. They could help someone transition back into the workforce by agreeing to necessary adjustments such as:

• A phased return to work;
• Alternative duties;
• Flexible hours;
• Hybrid or homeworking option.

Other resources employers can provide include:

• Employee Assistance Programmes;
• Mental health first aiders;
• Signposting to peer support groups such as The Miscarriage Association and Child Bereavement UK.

What do employers need to consider?

Employers who want to implement a miscarriage policy will need to consider things such as whether to offer paid leave specifically in the event of a miscarriage or whether the employee will be required to use sick or annual leave. Another important consideration is how information will be shared with the rest of the team, if the employee wants this information shared at all. By involving the employee in this, it ensures the matter will be addressed tactfully and, if necessary, in private.

By having a plan in place, employees are more likely to approach their employer for support in an open setting as opposed to hiding their sorrow. Line managers who have received training and education in pregnancy and infant loss will be better equipped to provide this support in a sensitive and compassionate way, which includes recognising and avoiding potential triggers like new baby announcements.

Miscarriages can be a painful experience with long-lasting effects on emotional, mental, and physical health. If you have questions about how you can support an employee who experienced a miscarriage or would like help drafting a miscarriage policy, contact our Employment Team today by emailing employment@warnergoodman.co.uk or call 023 8071 7717.