21/01/2026

Key Information for Employers (20 January 2026)

On 20 January 2026, the Department for the Economy published its Miscarriage Leave and Pay Consultation Departmental Response Document  following the 8 week Consultation that closed on 19 December 2025. The purpose of the Consultation was to consider how to extend the Statutory Parental Bereavement Leave and Pay provisions to include miscarriage and to make the right to pay a Day 1 Right (subject to meeting the lower earnings threshold, currently £125 per week).

Members may recall that the Parental Bereavement (Leave & Pay) Act (Northern Ireland) 2022 introduced the right for parents who suffer a stillbirth after 24 weeks or the death of a child under 18 to:

• 10 days of parental bereavement leave (a Day 1 right), and
• the statutory rate of pay, subject to a 26‑week qualifying period.

These rights did not extend to miscarriage (pregnancy loss before 24 weeks), and statutory pay required 26 weeks of continuous employment. However, the Department of the Economy committed to reviewing this with a view to extending the rights to miscarriage and make the right to pay a Day 1 right to pay.

The Consultation Document notes that Northern Ireland will be the first region across the UK and Ireland – and one of the first in the western hemisphere – to legislate for statutory miscarriage leave and pay.

New Rights from 6 April 2026

1. Two Weeks of Statutory Bereavement Leave

• Available to the woman who experiences the miscarriage on or after 6 April 2026 and to eligible partners.
• Can be taken as two separate one‑week blocks or one continuous two‑week block.
• Must be taken within 56 weeks of the date of miscarriage or the date the woman became aware of it.

2. Statutory Bereavement Pay

• The statutory rate of pay will be £194.32 from 6 April 2026.
• Employees must meet the existing lower earnings threshold (currently £125 per week).
• Statutory pay will become a Day 1 right.
• The current 26‑week qualifying period for pay following stillbirth and child‑death cases will also be removed.

Therefore, from 6 April 2026, both the right to parental bereavement leave and pay, including miscarriage, will apply from Day 1.

3. Notice Requirements

• Only a self‑declaration will be required.
• No medical evidence will be requested.

The consultation noted that miscarriage can often be spontaneous and may not involve medical intervention, particularly in early pregnancy. Requiring evidence at such a distressing time would be insensitive and place unnecessary burdens on families and the health service.

4. Definition of Miscarriage

• ‘Miscarriage’ will include spontaneous miscarriages and pregnancy loss following specified medical interventions.
• Eligibility will extend only to those directly linked to the pregnancy.

Action for Employers

1. Review internal policies and HR systems to ensure they are updated ahead of the new rights coming into force on 6 April 2026.
2. Raise awareness among managers so they can handle situations sensitively, particularly around notice and evidence requirements. This may be especially important where a miscarriage occurs before colleagues or managers were aware of the pregnancy.

We will review our template Policy and provide an updated one shortly.