From 6th April 2026, Northern Ireland will introduce a statutory entitlement to miscarriage leave and pay, becoming the first part of the UK to implement a specific employment right covering pregnancy loss before 24 weeks.
The Parental Bereavement (Leave and Pay) Act (Northern Ireland) 2022 introduced a statutory entitlement for eligible working parents to take two weeks’ parental bereavement leave following the death of a child under 18, including a stillbirth after 24 weeks of pregnancy.
From 6th April 2026, this framework will be expanded to introduce a new statutory entitlement to miscarriage leave and pay, extending the existing provisions to cover pregnancy loss before 24 weeks. The new provisions will also remove the current 26-week qualifying service requirement for parental bereavement leave, meaning the entitlement will become a day-one right for eligible employees.
Eligible employees who experience a miscarriage, as well as their partners, will be entitled to two weeks’ statutory leave, which may be taken either as a single two-week block or as two separate weeks. The leave must be taken within 56 weeks of the date of the loss.
Employees will also not be required to provide medical evidence; the only requirement is for eligible employees to make a self-declaration of entitlement.
Employers should take this opportunity to review and update relevant workplace policies and employee handbooks to reflect the introduction of miscarriage leave. It will be important to ensure HR processes and payroll systems are ready to administer the new entitlement, and that managers are appropriately briefed or trained on the changes so that requests for leave are managed consistently and in line with the statutory framework.
Seamus McGranaghan, Director, recently discussed these developments in the Legal Island webinar Employment Law at 11: Miscarriage & Bereavement in the Workplace, alongside Christine Quinn, Knowledge Partner at Legal Island. To listen to that webinar, please see the link below:
https://legal-island.com/employment-law-hub/employment-law-at-11-miscarriage-bereavement-in-the-workplace
If you are an employer seeking advice on managing this new statutory entitlement, our Employment Team are happy to advise and assist. Please contact O’Reilly Stewart Solicitors on 02890321000 for expert advice.
