Statutory miscarriage leave and pay will come into force in Northern Ireland from April 6 as part of the Bereavement (Leave and Pay) Act 2022, ahead of Scotland, England, Wales and Ireland.
Northern Ireland’s new rules will apply from April 2026 with a statutory wage set at the lower of £194.32 a week or 90% of weekly wages, and both women and their partners will be entitled to two weeks of paid leave to replace the 56 weeks lost, either in two-week blocks or in two-week blocks.
The application does not require any personal medical information, and the affected employee simply needs to inform the employer of the death and that they would like to take bereavement leave. Because the traditional 26-week eligibility period has been removed, employees and workers are now legally entitled to vacation from their first day of employment.
Similar rights will be introduced in Scotland, England and Wales in 2027 as part of a raft of employment law reforms in the Employment Rights Act 2025. However, the full details of the proposed bereavement leave, including bereavement leave for pregnancy losses of less than 24 weeks, will not be confirmed until the secondary bill is passed. The consultation on this type of leave ends on 15 January and more detailed proposals will be made once the responses to that consultation have been considered.
Meanwhile, in Ireland, the Pregnancy Loss (Miscellaneous Provisions) Bill 2025 is in the early stages of debate in the Oireachtas of the Irish Parliament. The current bill proposes first-day employment protections for people who have miscarried and their partners. This will include a minimum of five days’ leave for those who suffer losses, and their partners will be given an additional two-and-a-half days’ leave and be paid at their normal employment rate.
Laura McManus, employment law specialist at Pinsent Masons in Belfast, said: “The introduction of expanded bereavement leave in Northern Ireland from April 2026 is an important milestone in the employment rights landscape in the region. The Bereavement (Leave and Pay) Act 2022 (Northern Ireland) contains an explicit legal obligation for the Department of the Economy to introduce regulations extending bereavement leave and pay, which originally applied to stillbirths.” Therefore, businesses have been aware of the direction of travel since the passage of this law, and many have been preparing for the new framework.
“Importantly, differences between Northern Ireland and Scotland, England and Wales in employment law continue to exist, with the introduction of the Employment Rights Act 2025 in Scotland, England and Wales and the Good Jobs Bill in Northern Ireland. This will continue to expand. Employers operating across multiple jurisdictions in the UK and Ireland will need to adjust their policies, pay systems and management training to reflect these clear legal obligations, rather than assuming uniformity.”
Louise Shaw, specialist in Scottish and Irish employment rights at Pinsent Masons, said the introduction of statutory leave and statutory pay in Northern Ireland could prompt companies operating in Scotland, England, Wales and Ireland to consider their own procedures before legislation is enacted there.
“In Scotland, England, Wales and Ireland, there is currently no specific leave entitlement for people who miscarry before 24 weeks of pregnancy. Employees in these situations can take sick leave or discretionary compassionate leave if offered by their employer, but in Scotland, England, Wales and Ireland, if a miscarriage occurs after 24 weeks of pregnancy, the mother is entitled to maternity leave for the entire period,” she said.
“Many of our employer clients are continually looking at how they can improve their policies to ensure their workplaces are family friendly. For clients operating in Scotland, England, Wales and Ireland, this is an opportunity to put in place enhanced policies now, ahead of legislation, to support employees on this issue, perhaps as part of a wider aim to attract and retain talent.”
“Employers may therefore wish to consider adopting a pregnancy loss policy that is consistent across jurisdictions by clearly distinguishing between statutory rights and employer benefit enhancements, and by building flexibility into the policy to accommodate future legislative changes.”
