Northern Ireland sets new statutory standard with paid miscarriage leave

Northern Ireland has become the first region across the UK and Ireland to introduce a statutory entitlement to miscarriage leave.

Across Europe, Germany is the only other country to offer such a standalone entitlement.

The new Regulations amend the existing Parental Bereavement (Leave and Pay) Act (Northern Ireland) 2022, with the Economy Minister Dr Caoimhe Archibald adding that the changes “will make a meaningful difference to many women and families across the north.”

What do the new Regulations provide?

The existing 2022 Act introduced a statutory entitlement for eligible employees to take two weeks’ parental bereavement leave following the death of a child under the age of 18. This includes a stillbirth after 24 weeks of pregnancy. However, there was a lack of provision in terms of miscarriage up to 24 weeks’ gestation.

The new Regulations therefore address this gap and provide a statutory entitlement to paid miscarriage leave to encompass pregnancy loss before 24 weeks.

Effective 6 April 2026, the new Regulations permit eligible employees to take up to two weeks’ leave in relation to miscarriages experienced after 6 April 2026, with leave paid at the statutory rate of £194.32 per week or 90% of the employee’s weekly earnings, whichever is lower.

An eligible employee is defined as the woman who experiences the pregnancy loss, together with her current partner or the person, but for the occurrence of the miscarriage experienced, who would have been the biological parent.

The period of leave may be taken as one continuous period or two separate weeks, within 56 weeks of the date of the miscarriage.

The leave will be a day-one right, meaning employees will not need a minimum length of service to qualify. Previously under the 2022 Act, there had been a 26-week qualifying period. 

In an acknowledgement of the sensitive subject matter, the Regulations allow employees to self-declare the loss, with no intrusive evidence required for employers.

Whilst Northern Ireland is the first jurisdiction to introduce the right, Westminster is planning to introduce a statutory entitlement for England, Scotland and Wales in 2027. However, the proposals in Britain at present are for unpaid leave, unlike in Northern Ireland.

There is no standalone entitlement to paid miscarriage leave in the Republic of Ireland either, with those affected often taking a period of sick leave instead.

What does this mean for employers?

The key recommendations for employers are as follows:

• Employers will need to update employee handbooks and policies to ensure they reflect the new legislative landscape.
• Staff will need to be notified of the new rights under the policy.
• Manger training is strongly advised so that the changes are well-understood by all. In turn, this will enable the changes to be communicated to staff effectively and sensitively. An emphasis should be put on confidentiality and compassion given the very sensitive subject area.
• Payroll and internal HR systems should be updated, noting that this is a day-one right for employees.
• Employers should be mindful that this new entitlement will apply to employees of all levels in the company.
• Lastly, employers should be mindful that the new Regulations present a minimum entitlement, and so employers may opt to enact a more expansive bespoke package for employees should they so choose.

The Regulations can be viewed in full here.

For further information in relation to this topic, please contact Gareth Walls, Partner, Emma O’Hara, Solicitor or any other member of the NI Employment team.

Date published: 10 April 2026