Miscarriage and Work Rights: Complete UK Guide
Losing a pregnancy is hard enough without having to navigate employment paperwork at the same time. UK law gives you specific protections after a miscarriage, but the rules differ depending on how far along you were, and many employers (and employees) aren't fully aware of them. Here's what you're entitled to and how to approach the conversation with your workplace.
How your rights differ by gestation
The legal position changes at 24 weeks, which is the point pregnancy loss is classified as stillbirth rather than miscarriage.
- Before 24 weeks: a miscarriage is treated the same as any other illness for employment purposes. You can take time off as sick leave, supported by a fit note from your GP if you're off for more than seven days (or self-certify for up to seven).
- Statutory Sick Pay (SSP): if you're off sick and meet the earnings threshold, you're entitled to SSP for each qualifying day of absence, paid by your employer. Some employers offer enhanced company sick pay that's more generous — check your contract or staff handbook.
- From 24 weeks: loss is legally classed as stillbirth, and you become entitled to the same maternity leave and Statutory Maternity Pay (or Maternity Allowance) as if you had given birth to a living baby, including the full leave entitlement.
- No minimum time limit: your GP can sign you off for as long as you need to recover physically and emotionally — there's no fixed "acceptable" number of days, whatever gestation you were at.
Protection from discrimination and dismissal
Miscarriage-related absence is protected. Employers cannot lawfully treat you unfavourably, discipline you, or dismiss you because of time off linked to a miscarriage — doing so can amount to pregnancy or sex discrimination under the Equality Act 2010. You're also not obliged to share more medical detail than you're comfortable with; a fit note simply needs to confirm you're unfit for work.
Talking to your employer
- You don't have to explain the full circumstances if you'd rather not — "pregnancy-related illness" or a similar note from your GP is enough.
- If you have a supportive HR team, ask about a phased return, flexible hours, or working from home while you readjust.
- Consider whether you want a single point of contact (e.g. your manager only) so you don't have to repeat the news to multiple colleagues.
- Keep a record of any conversations about your leave and pay in case questions arise later.
Frequently Asked Questions
Can I get time off work after a miscarriage?
Yes. Before 24 weeks, this is treated as sickness absence and you can be signed off by your GP for as long as you need. From 24 weeks, loss is classed as stillbirth and you're entitled to full maternity leave. Your employer cannot penalise you for taking this time.
Am I entitled to pay after a miscarriage?
Before 24 weeks, you're entitled to Statutory Sick Pay if you meet the earnings threshold, plus any enhanced company sick pay your contract provides. From 24 weeks, you qualify for Statutory Maternity Pay or Maternity Allowance in the same way as after a live birth.
Do I have to tell my employer exactly what happened?
No. You're entitled to keep the details private. A GP fit note describing you as unfit for work due to a pregnancy-related condition is sufficient — you don't need to disclose anything further unless you choose to.
This article is for informational purposes only and does not constitute medical or legal advice.
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