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Miscarriage Leave UK: What You're Entitled To

Understanding your leave entitlements after a miscarriage can be confusing. Here's a clear guide to your rights in the UK — both legal minimums and what you can ask your employer for.

Loss Before 24 Weeks

Under current UK law, a pregnancy loss before 24 weeks is classified as a miscarriage rather than a stillbirth. This means it does not automatically trigger maternity or paternity leave entitlements. Instead, leave is handled through your employer's sickness absence policy.

What you are entitled to:

  • Sick leave through your employer's standard sickness policy, for as long as you need to recover — both physically and emotionally
  • Statutory Sick Pay (SSP) if you qualify (you need to earn above the lower earnings limit and be off for at least four consecutive days including non-working days). SSP is paid at a flat weekly rate set by the government each April
  • GP fit notes for as long as you need them — your GP can sign you off for both physical and psychological recovery. There is no set limit on how long this can last
  • Self-certification for the first seven days — you do not need a doctor's note for the first week off

Importantly, pregnancy-related sick leave — including leave following a miscarriage — must not be counted against your standard sickness record under the Equality Act 2010. Your employer cannot use miscarriage-related absence as a reason to discipline you, pass you over for promotion, or treat you less favourably.

If your employer has an enhanced sick pay scheme that is more generous than SSP, you should be entitled to that instead. Check your employment contract or staff handbook for details.

Loss After 24 Weeks

A pregnancy loss at or after 24 weeks is classified as a stillbirth in UK law. At this point, your full statutory maternity and paternity leave entitlements apply:

  • Statutory Maternity Pay (SMP) for up to 39 weeks if you qualify
  • Full maternity leave of up to 52 weeks
  • Statutory Paternity Pay and Leave for your partner (if eligible)
  • Shared Parental Leave, if you choose to use it

SANDS (the stillbirth and neonatal death charity) can offer guidance and support for families affected by later pregnancy loss. Their helpline is 0808 164 3332.

The Case for Compassionate Leave

Some employers offer compassionate leave specifically for pregnancy loss, separate from sick leave. This is not a legal requirement before 24 weeks, but many employers are willing to grant it — particularly if you ask. It is worth speaking to your HR department or line manager about what might be available.

The Pregnancy Loss Review, published by the UK government, recommended better statutory support for those affected by miscarriage, and there is ongoing public discussion about whether dedicated bereavement leave for pregnancy loss should become law. Some employers have already introduced their own policies ahead of any legislative change, so it is worth asking.

If you are self-employed, you will not have access to SSP or sick leave in the same way. You may be able to claim Employment and Support Allowance (ESA) or Universal Credit depending on your circumstances — your local Jobcentre Plus or Citizens Advice can advise.

Supporting Your Partner

If you are the non-birthing partner, your right to time off after a miscarriage before 24 weeks depends on your employer. Statutory paternity leave does not apply before 24 weeks, but many employers will grant compassionate leave. You are also entitled to take annual leave, and some employers have specific policies for pregnancy loss. It is worth having an honest conversation with your employer.

Practical Steps

  • Tell your GP what has happened as soon as possible so they can issue fit notes without delay
  • If you feel unable to return to work but your fit note has expired, contact your GP for a further one
  • Keep records of any communications with your employer about your absence in case of any later dispute
  • If you feel your employer is treating you unfairly, contact ACAS (acas.org.uk) for free advice

Frequently Asked Questions

How much time off can I take after a miscarriage?

As much as you need. There is no maximum. Your GP can sign you off for as long as necessary — for both physical recovery and emotional and psychological recovery. Miscarriage can cause significant grief, and this is a recognised medical reason for absence from work. Do not feel pressured to return before you are ready.

Do I need a sick note after a miscarriage?

For the first seven days you can self-certify, meaning you simply tell your employer you are unwell — you do not need a GP note. After seven days, you will need a fit note from your GP. Contact your surgery as soon as you are able to explain what has happened; many practices can issue fit notes remotely without an in-person appointment, which can be helpful when you are not feeling well enough to go out.

Can my employer count miscarriage leave against my attendance record?

No. Under the Equality Act 2010, absence related to pregnancy — including miscarriage — must not be counted against your standard sickness record. If your employer includes it in an attendance review, uses it as grounds for disciplinary action, or treats you less favourably because of it, this may constitute pregnancy discrimination. Seek advice from ACAS or Citizens Advice if this happens.

Speak to your GP or midwife for support after a miscarriage — they can provide fit notes, make referrals, and help you access the care you need during your recovery.

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