We know that the subject matter of this blog may be upsetting, particularly to those who have experienced a pregnancy loss, so please be aware that in this blog we will be discussing miscarriages i.e. pregnancy losses before the 24 week mark.
In our first blog focusing on miscarriage, we considered the legal protections afforded to employees affected by miscarriage. In this blog, we look beyond those minimum legal protections to consider why employers should provide additional support and what that additional support might look like.
Why should employers step up to provide additional support?
There is very limited legal support for employees impacted by miscarriage.
Due to that lack of legal support, very frequently employees will simply work through the experience, taking as little time off as possible, and hiding their pain from their managers and colleagues. It is not uncommon to hear anecdotal evidence of employees miscarrying whilst continuing to perform their roles as if nothing has happened, because they feel they have no choice but to do so. The emotional, mental and physical toll on employees who are doing this should not be underestimated, along with the long-term impact on their physical, mental and emotional wellbeing.
Some forward-thinking employers have taken matters into their own hands and implemented their own policies to support impacted employees.
Morally, it’s the right thing to do and other countries across the world have stepped up to provide support. India, for example, recognised this 50 years ago when, under the Maternity Benefit Act 1961, it granted women paid leave for six weeks immediately after a miscarriage. The Philippines and, more recently, New Zealand, have also moved in this direction.
If employers need another reason, the old cliché of “a happy and a healthy workforce is a more productive workforce” couldn’t be truer. Providing support to employees who have suffered such trauma gives them more time to recuperate, encourages loyalty and improves employee relations.
A report conducted by Tommy's National Centre for Miscarriage Research found that the short-term national economic cost of miscarriage is estimated to be at least £471 million per year, covering direct health services and lost productivity. This figure is expected to surpass £1bn when taking into account longer-term physical reproductive and mental health, particularly given miscarriage almost quadruples the risk of suicide, doubles the risk of depression and raises the risk of anxiety for both parents.
However, with the requisite support, it is hoped that the prevalence of these issues will be alleviated.
What more can employers do?
Undoubtedly, more can be done by employers to support their employees, particularly given the absence of any specific legal rights afforded to employees impacted by a miscarriage. As a starting point, employers may want to think about the following:
- Implementing a miscarriage policy which formally sets out the support available. This may include:
- paid leave for employees affected (including partners and those using a surrogate); and
- paid leave for medical appointments relating to their miscarriage (and any subsequent investigations into the causes of miscarriage, particularly where the employee has suffered from recurrent miscarriages)
Given the sensitive nature of a miscarriage, you may want to consider consulting with your employees before implementing a bespoke policy that is appropriate for your workforce. Ultimately, communication and flexibility will be key.
- Staying in touch without placing pressure on employees to return to work before they feel ready or expecting too much of them too soon. Some employees may require an extended period of time off while others may find phased return helpful. Employers should be mindful that sickness absence after a miscarriage is protected as pregnancy-related sickness. It should be recorded separately and should not be used against an employee for, for example, disciplinary or redundancy purposes or as part of an appraisal.
- Appreciating that employees will need to be supported on a long-term basis. The Miscarriage Association have set out that those who experience more than one pregnancy loss have reported getting less support each time. It is, however, crucial that support is offered to all employees whether they are experiencing their first or recurrent miscarriages.
- Arranging a “return to work” meeting and using this as an opportunity to check how they are doing and whether anything can be done to make things easier for them such as, for example, a phased return or specific adjustments. In addition, “checking in” regularly with employees to ensure they are supported along their personal journey.
- Avoiding triggers. Unfortunately, there are likely to be lasting triggers for grief such as other colleagues announcing their pregnancy or employees coming into work during their maternity leave with their new-born babies. Employers might want to keep note of the date as the employee may be particularly sensitive around this time, or their performance/attitude could be affected around these times.
- Employees should be given the comfort of knowing that they can have confidential conversations with their manager or HR should they be affected by pregnancy loss. Sadly, many employees still worry that they will be subjected to discrimination if they are known to be trying for a baby.
- Signing up to the Miscarriage Association’s Pregnancy Loss pledge through which employers can show their commitment to support staff going through miscarriage. Brabners has signed up to this pledge as part of our firm’s commitment to support employees who are going through a pregnancy loss.
It is hoped that as more employers take these additional steps to support their employees beyond the minimum statutory entitlements, others will follow suit.
Recent examples of where we have seen this in practice include:
- Channel 4: the organisation launched “the world’s first” pregnancy loss policy in April 2021 which supports “both women and men who have been affected: whether it happens directly to them, their partner or their baby’s surrogate mother, regardless of the nature of their loss, and whatever their length of service” by offering them “two weeks leave on full-pay; paid leave for medical appointments; flexible working; an array of resources including medical support, counselling, and a buddying scheme to support employees returning to work after a loss.”
- Monzo: the digital bank implemented a new policy allowing up to 10 days’ additional paid leave to either partner, including surrogates, after miscarriage, stillbirth or adoption.
- Abel & Cole: in May 2021, the organic grocery retailer announced it will be offering all of its employees two weeks paid leave if they, or their partner, suffer a pregnancy loss.
Slowly but surely, it is hoped that we can all move forwards to break the taboo and stigma around a real-life issue which impacts so many of us.
Contact us
As stated previously, pregnancy loss is a sensitive and difficult topic. However, by getting the conversation going and raising more awareness of pregnancy loss and how this translates into the workplace, we can break the stigma together and ensure that employees and their partners are properly supported and taken care of during these difficult times.
If your organisation requires support and advice in relation to supporting staff affected by miscarriage, whether this is to get started on implementing policies and procedures or a specific employee matter, please get in touch with a member of our Employment Team who will be able to assist.
This article contains a general overview of information only. It does not constitute, and should not be relied upon, as legal advice. You should consult a suitably qualified lawyer on any specific legal problem or matter.
