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Miscarriage Leave UK: Complete Guide

Knowing what you're entitled to after a miscarriage can be one less thing to worry about at an already difficult time. UK employment rules treat miscarriage differently depending on how far along the pregnancy was, and understanding the distinction helps you know what to ask for from your employer and GP.

Miscarriage Before 24 Weeks

If your loss happens before 24 weeks of pregnancy, it's treated in employment terms as sickness absence rather than maternity leave. In practice this means:

  • You can self-certify for the first 7 days off work, as with any illness
  • Beyond 7 days, your GP can provide a fit note (sick note) covering physical and emotional recovery
  • There's no fixed limit on how long your GP can sign you off for — recovery timelines are individual, and mental health recovery counts as much as physical recovery
  • You may be entitled to Statutory Sick Pay (SSP) during this time if you meet the earnings and length-of-service criteria, and some employers offer enhanced sick pay on top
  • Your employer cannot treat you unfairly or make you feel pressured to return before you're ready — miscarriage-related absence is protected in the same way as other health-related absence

Loss From 24 Weeks Onwards

If loss occurs from 24 weeks of pregnancy onwards, this is classified as stillbirth rather than miscarriage, and different — more generous — entitlements apply:

  • You're entitled to full Statutory Maternity Pay or Maternity Allowance, as if the baby had been born alive
  • This includes the full period of maternity leave (up to 52 weeks, with SMP typically paid for 39 weeks) if you were already eligible before the loss
  • Partners may also be entitled to paternity leave and pay in these circumstances
  • Sands (sands.org.uk) can offer guidance specific to stillbirth entitlements and emotional support alongside the practical information

Protection Against Discrimination

Whichever category applies, you're protected from unfair treatment or discrimination linked to pregnancy loss under UK employment law. This includes being treated less favourably in appraisals, promotion decisions, or redundancy selection because of miscarriage-related absence. If you feel you've been treated unfairly, ACAS (acas.org.uk) offers free, confidential guidance on your rights and how to raise a concern.

Practical Steps

  • Tell your employer what you need in terms of time off, in writing if that feels easier
  • Ask your GP for a fit note as soon as you know you'll need more than 7 days
  • Check your contract or staff handbook for any enhanced sick pay or compassionate leave policies, as some employers offer more than the statutory minimum
  • Keep a note of dates and any conversations with your employer, in case you need them later

Frequently Asked Questions

How much time off can I take after a miscarriage?

You can take as much time as you need to recover, both physically and emotionally. Your GP can sign you off work for as long as necessary using a fit note, and there's no statutory limit on how long that can be. Employers are expected to be flexible and supportive around miscarriage-related absence.

Do I need a sick note after a miscarriage?

You can self-certify for the first 7 days without needing anything from your GP. If you need longer than that, your GP can provide a fit note, and this can cover ongoing physical recovery or emotional wellbeing, not just physical symptoms. There's no requirement to justify the length of time to your employer beyond providing the fit note.

Am I entitled to maternity pay if I miscarry?

If the loss happens before 24 weeks, it's treated as sickness absence and you may be entitled to Statutory Sick Pay rather than maternity pay. If the loss happens from 24 weeks onwards, it's classified as stillbirth and you're entitled to full Statutory Maternity Pay or Maternity Allowance as though the baby had been born alive. Speak to your HR team or ACAS if you're unsure which applies to your situation.

This article is for informational purposes only and does not constitute medical advice.

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