Miscarriage and Work: Your Rights in the UK
After a miscarriage, the last thing you should have to worry about is your job. Yet many people feel pressure to return to work quickly, are unsure what they are entitled to, or do not know how to talk to their employer about what has happened. This page explains your employment rights clearly so you can focus on recovering.
Time Off After a Miscarriage Before 24 Weeks
In the UK, a pregnancy loss before 24 weeks is legally classified as a miscarriage rather than a stillbirth. This distinction matters for employment rights because different rules apply.If your miscarriage happens before 24 weeks, you do not have a statutory right to dedicated bereavement or pregnancy loss leave (though this may change — there has been ongoing parliamentary discussion about introducing specific miscarriage leave rights). What you are entitled to is:
Sick leave. You can take time off work as sick leave, and miscarriage — including the physical recovery and the emotional impact — is a valid medical reason for sickness absence. Your GP can provide a fit note (sick note) if you need one.
Statutory Sick Pay (SSP). If you are an employee and have average weekly earnings above the lower earnings limit, you are entitled to SSP from the fourth day of absence. SSP is paid for up to 28 weeks.
Pregnancy-related sickness protection. Importantly, any sickness absence taken because of your pregnancy or pregnancy loss must not be counted against you in absence records or used as grounds for disciplinary action. If your employer has a trigger-based absence policy, pregnancy-related absences should be excluded. This protection applies even after you have lost the pregnancy.
Compassionate leave. Many employers offer compassionate or bereavement leave as part of their own policies. Check your staff handbook or employment contract, and do not hesitate to ask HR. Some employers are far more generous than the statutory minimum.
If Your Loss Happens at or After 24 Weeks
If you lose a baby at or after 24 weeks of pregnancy, it is classified as a stillbirth in UK law. In this case, you are entitled to:- Full statutory maternity leave (up to 52 weeks)
- Statutory Maternity Pay or Maternity Allowance, if you meet the qualifying conditions
- Parental bereavement leave — two weeks of dedicated leave available to parents who lose a child, which also covers stillbirths from 24 weeks
Talking to Your Employer
You are not obliged to disclose a miscarriage to your employer in detail. You can simply tell them you are unwell and need to take sick leave. If you do choose to share what has happened, a reasonable employer will be compassionate and flexible.If you feel you would like your employer to know so they can support you better on return, you might ask HR or your manager to be mindful of your situation without going into specifics. Many workplaces now have employee assistance programmes (EAPs) that offer confidential counselling — this is worth asking about.
If your employer is unsympathetic, questions whether your absence is genuine, or treats you badly because of your miscarriage, this may be unlawful. Contact ACAS on 0300 123 1100 for free, confidential advice.
Emotional Recovery and Returning to Work
There is no fixed timeline for how long it takes to feel ready to return to work after a miscarriage. Physical recovery from an early miscarriage can take a couple of weeks; emotional recovery takes much longer for many people, and there is no right or wrong pace. If you need more time, your GP can extend your fit note.When you do return, a phased return or a meeting with your manager to discuss any adjustments can help. You do not owe anyone a detailed explanation. If you are struggling emotionally after your miscarriage, your GP can refer you to counselling or bereavement support services. The Miscarriage Association (miscarriageassociation.org.uk) also offers helpline support on 01924 200799.
Frequently Asked Questions
### Can I get time off work after a miscarriage?Yes. Before 24 weeks, you can take sick leave as you would for any health condition, and a miscarriage is a legitimate medical reason. Your GP can provide a fit note if your employer requires one. After 24 weeks, the loss is classified as a stillbirth and you are entitled to maternity leave and potentially parental bereavement leave. Take the time you need — both physical and emotional recovery matter.
Am I entitled to pay after a miscarriage?
Before 24 weeks, if you take sick leave you may be entitled to Statutory Sick Pay (SSP) from the fourth qualifying day of absence, provided your average weekly earnings meet the threshold. Some employers also offer enhanced sick pay — check your contract or staff handbook. After 24 weeks, you are entitled to Statutory Maternity Pay or Maternity Allowance if you meet the qualifying conditions, as the loss is legally treated as a stillbirth.
Can my employer count miscarriage-related absence against me?
No. Any sickness absence that is connected to your pregnancy — including a miscarriage — must not be used against you in absence management processes or trigger disciplinary procedures. This is a legal protection under the Equality Act 2010 and the Maternity and Parental Leave Regulations. If you believe your employer has counted a miscarriage-related absence against you, seek advice from ACAS or an employment solicitor.
Further reading:
If you are struggling after a miscarriage, please speak to your GP — they can support you with both physical recovery and accessing emotional or bereavement support.