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The Parental Bereavement (Leave and Pay) Act (Northern Ireland)
2022 introduced a statutory entitlement to two weeks’
parental bereavement leave and statutory payment for eligible
working parents following a stillbirth after 24 weeks, or the death
of a child under 18. However, the Act also placed a legal duty on
the Department to extend those regulations to cases of miscarriage
and to remove the previous 26 week qualifying period for pay so
that parental bereavement pay (including for miscarriage,
stillbirth and child death) would become a day one right. It had to
do this by 6 April 2026, and despite a consultation on these
expanded rights taking place in 2022, the Department has only now
released its response and plan for implementation. Northern Ireland
will now be the first region of the UK to put in place specific
miscarriage leave, see our previous insight on this 
here. 

Below, we explore the key features of the expanded rights.

Scope of the new right

The scheme will mirror existing parental bereavement provisions
for stillbirth (pregnancy loss after 24 weeks) and death of a child
under 18 years. Eligible employees who experience a miscarriage
will have the right to two weeks’ leave, taken either as a
single two week block or two separate one-week blocks. The leave
must be taken within 56 weeks of the date the woman experiences the
miscarriage or becomes aware of it.

Eligibility, however, extends beyond only the woman experiencing
the pregnancy loss to her current partner or spouse and others
meeting defined relationship criteria (for example, an ex partner
significantly linked to the pregnancy), aligned with the existing
framework for stillbirth and the death of a child. Workers will
also be eligible for pay on the same terms as employees. 

The definition of “miscarriage” has been broadened
to include spontaneous loss and pregnancy loss after specified
medical interventions up to 24 weeks, including cases linked to
ectopic and molar pregnancies. This change has been agreed by the
Northern Ireland Executive and the entitlement will apply in each
instance of miscarriage. 

Pay, evidence and notice

Statutory pay will match the rate for current parental
bereavement leave (currently paid at the statutory parental
bereavement rate or 90% of weekly earnings if lower), and will also
be a day one right from April 2026.
Eligibility for pay remains subject to the lower earnings limit,
with an extended assessment period and assumptions of earnings to
ensure access to this pay from day of employment where appropriate.
The 26 week qualifying period for bereavement leave/pay for
stillbirth and the death of a child under 18 will also be
removed.

There will be no medical evidence requirements, a
self-declaration of entitlement to leave will be the only
obligation on eligible employees. This matches the current approach
for stillbirth and the death of a child, reflecting the sensitivity
of the circumstances and avoiding unnecessary burdens on employees,
employers and the health service.

Notice rules will also mirror the existing scheme. For leave
taken within the first 8 weeks after the miscarriage, an employee
must notify before the normal start time on the first day of leave
or as soon as reasonably practicable. For leave between weeks 9 and
56 after the miscarriage, at least one week’s notice is
required. For pay, workers and employees must notify within 28 days
of the first day the payment is to be made or as soon as reasonably
practicable. In reality, however, notice to take leave will also be
notice that employee wishes to be paid for miscarriage leave.

Next steps

The Department will deliver the policy in line with the Parental
Bereavement (Leave and Pay) Act (Northern Ireland) 2022, extending
the rights by April 2026. Regulations will proceed via the draft
affirmative process, with further engagement with HMRC and
stakeholders to operationalise the changes. Eligible employees will
immediately be able to claim from day one for losses where a woman
becomes aware of the miscarriage on or after 6 April 2026.

What this means for employers


The DfE makes clear in its response that this is to be regarded
as a minimum entitlement and that employers should build a more
holistic miscarriage package when they are in a position to do so.
If not already doing so, building miscarriage leave into existing
parental bereavement policies will be a necessary first step.

Miscarriage leave is also designed to be granted alongside a
wider support package. It will therefore be necessary to make sure
employees are also aware of sick pay, contractual leave and
compassionate leave where appropriate and depending on their
circumstances.

Consider the entire workforce as part of this – cover will
extend to partners and others meeting the defined relationship
test.

Manager training will be key – brief managers on the upcoming
changes, how to handle gathering evidence and notice of leave
compassionately and confidentially, and often at short notice.

Configure payroll systems for day one pay eligibility, lower
earnings limit assessments over extended periods, and statutory
rate settings.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.