Employers obligations during pregnancy | Miscarriages and still births

Your employee may need time off work if she is ill as a result of a miscarriage (that is loses the baby in the first 24 weeks of her pregnancy). Sickness absence related to a miscarriage should be treated in the same way as pregnancy related sickness.

Yes, you should record any sick leave taken as a result of a miscarriage separately from other types of sick leave so that it does not disadvantage your employee, for example, in relation to disciplinary or redundancy decisions or to promotion, pay rises or other benefits.

If an employee’s baby is still born after 24 weeks of pregnancy, she is entitled to maternity leave and protection from pregnancy and maternity discrimination in the same way as if she had a live birth. Prior to 24 weeks, the loss of the baby is treated as a miscarriage. 

Last updated: 12 May 2016