Baby Loss Awareness Week, taking place annually from October 9th to 15th, offers an important opportunity to reflect on how organisations can support employees affected by pregnancy and infant loss. The emotional and physical toll of losing a baby – whether through miscarriage, stillbirth, or neonatal death – is profound. For employers, offering appropriate policies, resources, and emotional support is essential for creating an inclusive and compassionate workplace culture. By doing so, organisations can help individuals through their grief and ensure their return to work is supported.

Legal Changes: What’s New in 2024?

Currently, there are significant developments on the horizon in the realm of employment law regarding family leave and bereavement support in the UK. While no immediate new legislation has been introduced for 2024, changes under the Employment Rights Bill are expected by 2026, which aim to strengthen family leave entitlements.

Key upcoming changes include:

• Parental bereavement leave: This right already allows up to two weeks of paid leave following the death of a child under 18, but the Employment Rights Bill will further bolster this leave by making it a “day-one right.” This would benefit employees experiencing a stillbirth or neonatal loss shortly after starting employment​.
• Miscarriage leave: Though there is no immediate statutory leave in the UK for early pregnancy loss (before 24 weeks), there have been calls to address this gap. For example, countries like New Zealand and India have introduced paid leave for miscarriage​. While discussions are ongoing, the UK has yet to enact similar legislation.

Employers who wish to stay ahead of legal requirements can introduce policies that provide discretionary leave for miscarriage and early pregnancy loss, demonstrating a proactive approach to employee wellbeing.

How Employers Can Support Staff During Baby Loss Awareness Week

1. Establish a Comprehensive Baby Loss Policy

A growing number of employers are implementing baby loss policies that extend beyond statutory requirements, ensuring employees feel supported regardless of when a loss occurs. This can include:

• Paid compassionate leave: Some companies offer paid leave even for early pregnancy losses, such as miscarriage, to allow time for recovery without financial strain.
• Return-to-work flexibility: Allowing phased returns or flexible working hours can be crucial for employees coping with emotional and physical recovery.
• Bereavement training for managers: Ensuring managers understand how to sensitively approach conversations about baby loss and provide appropriate support​.

2. Practical Emotional Support

Beyond legal entitlements, offering mental health and emotional support is essential. Employers can take several steps to ensure their staff feel cared for during and after a loss:

• Employee Assistance Programmes (EAPs): Many organisations offer EAPs that provide counselling services. These services should be highlighted to employees as a source of support after a loss​.
• Peer support groups: Some companies create safe spaces or peer-led support groups where employees can share their experiences of loss. This can be particularly beneficial during Baby Loss Awareness Week when grief may feel more acute.
• Wave of Light participation: Encouraging employees to take part in memorial activities, such as lighting a candle during the “Wave of Light” event on October 15th, can create a shared moment of reflection and solidarity​.

3. Promote Open Conversations and Awareness

Baby loss is often considered a taboo subject, which can prevent affected employees from seeking the support they need. Employers should encourage an open, compassionate workplace culture:

• Awareness campaigns: Participating in Baby Loss Awareness Week by sharing resources, promoting events, and acknowledging the significance of this week can help break the stigma around baby loss​.
• Training and education: Providing staff with training on how to handle sensitive topics like baby loss can equip them with the tools to support their colleagues compassionately​..

Legal Protections for Employees Experiencing Baby Loss

The legal entitlements available to employees largely depend on the stage at which the loss occurs:

• Before 24 weeks (Miscarriage): Currently, there are no specific statutory protections for miscarriage in the UK. Employees may take sick leave, but this is often inadequate in terms of emotional support. Employers are encouraged to go beyond the law by offering compassionate leave for these cases.
• After 24 weeks (Stillbirth or Neonatal Death): Employees are entitled to maternity or paternity leave, even if the baby is stillborn or dies shortly after birth. They may also access up to two weeks of parental bereavement leave​.

How Employers Can Mark Baby Loss Awareness Week 2024

Employers looking to raise awareness and show support during Baby Loss Awareness Week can organise activities and provide resources to employees. Some ideas include:

• Pink and Blue Day: Encourage staff to wear pink and blue in solidarity with families affected by baby loss​.
• Fundraising events: Organising bake sales, quizzes, or charity walks to raise funds for baby loss charities can foster community and support the cause​.
• Employer toolkits: Many charities provide free resources and toolkits that employers can use to guide discussions, offer support, and engage with Baby Loss Awareness Week​.

Supporting employees during Baby Loss Awareness Week and beyond is not just a matter of policy—it’s about fostering a workplace culture built on empathy, understanding, and care. Employers who take a proactive approach by offering both practical and emotional support create an environment where their employees feel valued and supported through life’s most difficult moments. As we look to the future, the potential legal changes could further enhance the support available, but compassionate employers don’t need to wait for the law to lead the way.

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Frequently Asked Questions (FAQs)

What are the current legal entitlements for employees experiencing baby loss?
Employees are entitled to maternity or paternity leave after 24 weeks of pregnancy. Parental bereavement leave provides up to two weeks of paid leave following the death of a child under 18. However, there are no specific statutory rights for miscarriage (before 24 weeks), leaving this to employer discretion​

How can employers support employees experiencing a miscarriage?
Employers can offer discretionary paid leave, access to counselling services, and flexible working arrangements. Many organisations are also introducing miscarriage policies to provide clearer guidelines​

What is the Employment Rights Bill and how does it relate to baby loss?
The Employment Rights Bill, expected by 2026, aims to strengthen family leave rights, including making parental bereavement leave a “day-one right.” However, no immediate changes are planned for miscarriage leave​

How can we mark Baby Loss Awareness Week in the workplace?
Employers can mark Baby Loss Awareness Week by hosting events like Pink and Blue Day, fundraising for relevant charities, and encouraging staff participation in memorial activities like the Wave of Light​

Are there any upcoming changes to UK law regarding miscarriage leave?
While discussions about miscarriage leave are ongoing, no new legislation has been enacted. Countries like New Zealand have introduced paid leave for miscarriage, and there is a growing call for similar provisions in the UK​

What can managers do to support employees after baby loss?
Managers should be trained to handle sensitive conversations with care, offer flexible working arrangements, and ensure employees are aware of any support services available, such as Employee Assistance Programmes​.