Paid Miscarriage Leave Confirmed For NI: What's Coming And How To Prepare

The Department for the Economy has set its policy to extend statutory parental bereavement leave and pay to cover miscarriage before the end of the 24th week of pregnancy, with day one rights from April 2026. The Minister intends to progress regulations with “a minimum of delay”, with Executive support and draft affirmative procedure in the Assembly.

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.