Recognising Grief: New Miscarriage Bereavement Leave and Its Impact on Out‑of‑School Clubs

On 7th July 2025, the UK Government agreed that it would amend the Employment Rights Bill to formally grant bereavement leave to mothers who experience pregnancy loss before 24 weeks’ gestation.

This means that likely from 2027, once new statutory instruments have been implemented, mothers will have a day one right to take at least one week of protected bereavement leave following pregnancy loss.  At this stage we do not know how long miscarriage leave will be and whether it will be paid or unpaid.

This reform extends statutory bereavement leave beyond stillbirth or child death; it now covers miscarriage, ectopic pregnancy, molar pregnancy, IVF loss, and medical terminations under 24 weeks, a group previously left without guaranteed time off or formal workplace support.

Why this matters to Out of School Clubs?

Traditionally Out of School Clubs have employed a large number of part time women who benefit from flexible working.  The new leave entitlement means that employees who suffer a miscarriage will have legal protection and time off to grieve without needing to rely on sick leave or employer goodwill.

For club operators, particularly small or community-based organisations, the new law will necessitate updating HR policies, and absence management procedures. Clubs must ensure:

• Clear Pregnancy Loss policies covering losses before 24 weeks.
• Consistent application: line managers will need training to ensure they understand the right.
• Support and confidentiality: handling absence sensitively to protect emotional wellbeing and privacy.

Pregnancy loss before 12 weeks is often a very private loss, with many mothers to be having not shared with their employer that they were expecting. This will mean that reporting the loss and requesting the leave will need to be handled very sensitively.   Furthermore, many will not have evidence of a pregnancy at the time of their loss as MATB1 forms are only issued by midwives at 25 weeks gestation. How far the legislation will go in requiring employees to evidence their loss in order to qualify for bereavement leave remains to be seen, but we expect that this will be a light touch, self-certification.

Looking ahead

The full details of duration, eligibility, and whether pay will be introduced remain subject to post‑legislative consultation.  Starting the conversation with line managers now, ahead of implementation, increases the likelihood that women will feel able to share their loss, and line managers will understand how to handle the absence in accordance with the new legislation.

If you need any assistance with HR policies and procedures for your Out of School Club call us on 01527 909436 or visit our website at www.redwing-solutions.co.uk