Paid miscarriage leave in Northern Ireland: Expanding the right to Parental Bereavement

The current stance on parental bereavement leave is dictated by the Parental Bereavement (Leave and Pay) Act (Northern Ireland) 2022, which provides eligible employees with a statutory right to two weeks leave and pay following the death of a child under 18 years old or a stillbirth, including the loss of pregnancy after 24 weeks. Currently, there is a 26-week qualifying period before employees can exercise this right.

The Department of Economy is set to expand these legal provisions on 6 April 2026.  

In January 2026, the Minister for the Department of Economy, Dr Caoimhe Archibald MLA, released a Departmental Response Document which lays out the policy position to expand the existing right to Parental Bereavement.

Eligibility

The current position on Parental Bereavement will be extended to include those who have experienced a miscarriage before 24 weeks. Eligible employees will have the right to two weeks paid leave within 56 weeks of the date of knowledge of the miscarriage. Leave may be taken either as: -

a. One two-week block or,

b. Two separate one week blocks

These rights will become available to employees from the first day of their employment (i.e. a day one right). Therefore, from 6 April 2026, the previous 26-week qualifying period shall be abolished.

Furthermore, the definition of miscarriage has been expanded to include spontaneous miscarriages and pregnancy loss after medical intervention (for example, in the event of molar or ectopic pregnancies). Further to the person experiencing pregnancy loss, the right is available to their spouses or partner. Ex-partners that were significantly connected to the pregnancy will also be eligible. The right is not extended to family members living within the same household, which mirrors the current legislation.

Evidence

No medical evidence is required from the employee to prove that a miscarriage has taken place. The policy will only require the employee to provide a self-declaration of eligibility.

Pay

As mentioned, this is a day one right for eligible employees. Differing from employees in Great Britain, the leave is paid. Therefore, employers should note that it is more likely that Northern Irish employees will avail of this right.

The rate of pay shall remain unchanged from the Parental Bereavement (Leave and Pay) Act (Northern Ireland) 2022. Employees shall be paid at the statutory parental bereavement rate (currently £187.18 per week rising to £194.32 on 6 April 2026) or 90% of weekly earnings, whichever is the lower amount.

Notice

The notice requirements under 2022 legislation will remain in place, namely:

a. For leave taken within the first 8 weeks of a miscarriage, notice must be given before the start time of the first day of leave or as soon as reasonably practical.

b. For leave taken between 8 weeks – 56 weeks after the miscarriage, one weeks’ notice is required.

c. Notice for pay must be given within 28 days of the day that payment is to be made or as soon as reasonably practical.

What does this mean for employers?

1. Employers should review and update their employee handbooks, with particular attention to bereavement leave, sick leave, and compassionate leave policies, to ensure they reflect the new statutory requirements.
2. It is also advisable to provide training for managers so they understand the upcoming changes, can respond sensitively when an employee discloses a pregnancy loss, and are aware of the correct process when employees give notice of their leave.
3. Additionally, Managers should be equipped to conduct appropriate and supportive return‑to‑work conversations following such leave.
4. Ensuring the correct handling of leave and pay processes is critical. Any procedural errors or inconsistencies could expose employers to potential discrimination claims from eligible employees.
5. Payroll and HR systems will need to be updated to reflect employees’ new day‑one right to take this leave.
6. The new entitlement represents a minimum level of protection for employees and workers who do not currently benefit from such support. Employers may therefore wish to go beyond the statutory baseline by enhancing their bereavement‑related policies and offering broader workplace protections for affected employees.

Authors: Joanne Lightburn, Elizabeth Colvin and Katie McCartney

This publication is intended for general guidance and represents our understanding of the relevant law and practice as at March 2026. Specific advice should be sought for specific cases. For more information see our terms & conditions.

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