Skip to main content
ALERT / AUGUST 31, 2026
Northern Ireland extends parental bereavement leave and pay to employees affected by miscarriage
5 MIN READ
Northern Ireland has introduced new statutory entitlements to two weeks of parental bereavement leave and government-funded pay for eligible employees affected by miscarriage before 24 weeks of pregnancy. The new rights took effect on 6 April 2026 and make Northern Ireland the first jurisdiction in the UK to provide specific statutory entitlements covering miscarriage.
Background
The Parental Bereavement (Leave and Pay) Act (Northern Ireland) 2022 (the “2022 Act”) originally created statutory entitlements to parental bereavement leave and pay following the death of a child under 18 or a stillbirth after 24 weeks of pregnancy. The 2022 Act also required the Department for the Economy to make regulations extending these rights to cases of miscarriage before the completion of 24 weeks of pregnancy. These regulations came into force on 6 April 2026.
Although similar parental bereavement rights exist in Great Britain (England, Wales and Scotland), Northern Ireland has its own employment law framework and legislation. As a result, employment rights can differ between Northern Ireland and the rest of the UK. Northern Ireland's parental bereavement regime now differs from that in Great Britain. The key differences are summarized below:
Northern Ireland (from 6 April 2026) | Great Britain (England, Wales, and Scotland) | |
Miscarriage before 24 weeks of pregnancy | Statutory parental bereavement leave and pay apply following miscarriage before 24 weeks of pregnancy. | No equivalent statutory entitlement currently applies following miscarriage before 24 weeks of pregnancy. |
Statutory parental bereavement leave | Available following miscarriage before 24 weeks of pregnancy, a stillbirth after 24 weeks of pregnancy, or the death of a child under 18. | Available only following a stillbirth after 24 weeks of pregnancy or the death of a child under 18. |
Statutory parental bereavement pay | Available as a day-one right, subject to meeting the applicable earnings threshold. | Employees must generally have 26 weeks of continuous employment to qualify. |
Key details
Extension of statutory parental bereavement leave to cases of miscarriage
From 6 April 2026, employees who experience a miscarriage before the completion of 24 weeks of pregnancy are entitled to two weeks of statutory parental bereavement leave. The leave may be taken as a single two-week block or as two separate one-week blocks, within 56 weeks of the miscarriage or when it was discovered.
This leave entitlement also extends to the other biological parent, the woman’s partner (regardless of gender), and intended parents (for example, in surrogacy arrangements).
Employees must provide notice before taking this leave but are not required to provide medical evidence or details of the loss. Instead, a self-declaration confirming eligibility is sufficient. More details on how much notice (which depends on when the leave is taken) and the information to be provided in such notice may be found on the Northern Ireland government’s website here (opens a new window).
Extension of statutory parental bereavement pay to cases of miscarriage
Eligible employees are entitled to statutory parental bereavement pay from their employers at the statutory weekly rate (GBP 194.32 a week from 6 April 2026) or 90% of their average weekly earnings, whichever is lower. Employers may then recover statutory parental bereavement pay from the government. Most employers can recover 92% of the statutory payments they make, while eligible small employers may recover 103%. More details on reclaiming these payments may be found here (opens a new window).
For employees to be eligible, they must have average gross earnings at or above the lower earnings limit (GBP 129 per week from 6 April 2026). Employees must provide notice and the required declaration to receive statutory parental bereavement pay. More details may be found on the Northern Ireland government’s website here (opens a new window).
Employees who do not meet the minimum average earnings requirement will still be eligible for statutory parental bereavement leave without pay.
Day one right to statutory parental bereavement pay
While statutory parental bereavement leave has been a day one right since its introduction under the 2022 Act, employees were previously required to fulfil a minimum requirement of 26 weeks of continuous employment to qualify for statutory parental bereavement pay. The new regulations remove this previous requirement, making statutory parental bereavement pay (for a child’s death, stillbirth, and miscarriage) a day one right from 6 April 2026.
Employer action: ACT
Employers with employees in Northern Ireland should review and update their employee handbooks, family leave policies, and related documentation requirements to reflect the changes. Internal guidance should clearly outline eligibility, notification requirements, and pay arrangements. Additional guidance for employers is available on the UK government’s website here (opens a new window).
Employers will want to minimally match the statutory provisions but should consider whether to enhance the statutory payments, especially to align with any enhancements offered for other types of parental leave.
Written in collaboration with:
Antony Thompson
Technical Lead VP, Lockton UK
antony.thompson@lockton.com (opens a new window)
Further Information
