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 stillbirth i.e. pregnancy losses after the 24 week mark.
In our first blog on stillbirth , we focused on the legal considerations for employers whose employees are going through this distressing experience. In this second blog, our focus turns to the additional support that employers can offer their employees who are impacted by stillbirth.
Beyond the legal protections: what more can be done?
Undoubtedly, more can be done by employers to take care of their employees who are going through a stillbirth than simply complying with the minimum legal protections, not least because the “partner” is legally entitled to significantly less time off in total in relation to a stillbirth when compared to the employee who has experienced the stillbirth.
In addition, employers need to be mindful of the fact that the effects of a stillbirth are likely to extend well into the future and may leave a significant impact on their employees’ mental health and wellbeing.
In a 2018 survey run by Sands (a UK stillbirth and neonatal death charity) only 13% of respondents who had experienced the death of their own baby (or were responding on behalf of somebody else who had lost their baby) said that they had approached their employers for support. Only 5/10 respondents indicated that they felt supported by their employers as compared to the wider community.
It is incredibly difficult for colleagues and managers to know the right things to say and do in support of an employee who has gone through such emotional and physical trauma. However, raising awareness and removing the stigma surrounding these difficult conversations, will mean that employees feel less isolated and better able to reach out for support, should they want to do so.
As a starting point, employers could give consideration to the following:
- Implementing policies and procedures in relation to pregnancy loss and offering enhanced leave and pay in addition to statutory entitlements.
- Setting up focus groups to champion the conversation in the workplace.
- Creating safe spaces (in person and virtually) where employees can talk and open up about their experiences or otherwise just listen and observe.
- Providing training to managers and/or mental health first aiders who can provide employees with long term support and advice.
- Ensuring that all affected employees, whatever their role may be in relation to the pregnancy, are given the support that they need following pregnancy loss.
- Managing appropriate contact. It is inevitable that following a stillbirth and any subsequent leave that the employee may take, you will need to communicate with the employee to check in on their wellbeing, plan their return or perhaps even to discuss work. Employers should ensure that conversations are approached sensitively and managed to ensure that they are not overbearing or pressuring the employee to return. Employers will need to think about the support they provide for their managers and the employee’s colleagues so they feel equipped to have these conversations.
- Besides from welfare check ins, employers should consider whether they can signpost the employee to any benefits or organisations that the employee can utilise or reach out to.
- Implementing innovative and more focused benefits relating to pregnancy loss and partnering with organisations who provide specialist advice and support.
- Avoiding pressure on employees to return to work prematurely or expecting too much of them too soon. Some employees may require an extended period of time off, which should be managed in line with relevant policies, or otherwise managed akin to a long-term sickness absence where possible.
- Implementing phased returns as appropriate and support/adjustments as necessary in terms of workloads and duties.
- Avoiding triggers.
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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 managing pregnancy loss in the workplace, 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 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.
