Northern Ireland will become the first region in the UK and Ireland to offer statutory paid leave for miscarriage from 6 April 2026, when new regulations take effect. The Department for the Economy confirmed on 24 March 2026 that the Assembly has approved the Parental Bereavement Leave and Pay (Miscarriage) Regulations, extending existing bereavement rights to cover pregnancy loss before 24 weeks.
The Regulations also abolish the previous 26-week qualifying period for pay, making all parental bereavement support a day-one right for eligible workers. Economy Minister Dr Caoimhe Archibald stated the measures would treat affected parents with “care and compassion” during devastating circumstances, with an estimated 9,000 people per year expected to benefit.
What the new rights cover
From 6 April 2026, women who experience a miscarriage and their partners will be entitled to two weeks of paid leave under the new Regulations, which amend the Parental Bereavement (Leave and Pay) Act (Northern Ireland) 2022. The entitlement applies to spontaneous pregnancy loss or medically necessary interventions up to the 24th week of gestation, aligning with the existing framework for stillbirth and child death.
- Duration: Two weeks’ leave, available as a single fortnight or two separate one-week blocks
- Timeframe: Must be taken within 56 weeks of the loss
- Payment: £194.32 per week or 90% of average weekly earnings, whichever is lower
- Eligibility: Day-one right with no continuous service requirement, subject to meeting the lower earnings limit of £129 per week
- Evidence: Self-declaration only; no medical documentation required
The Regulatory Impact Assessment estimates the annual cost to business at approximately £0.279 million, with employers reimbursed for statutory payments through existing HMRC mechanisms.
Removing barriers to support
Alongside the miscarriage extension, the Regulations remove the 26-week continuous employment qualifying period for all parental bereavement pay. From April 2026, parents who lose a child under 18 or experience stillbirth will also benefit from day-one rights, ensuring immediate financial support regardless of how recently they began their job.
The Department emphasised that requiring medical evidence would be “insensitive” and would burden an already stretched health service. Instead, employees need only provide a written declaration confirming their name and the date of the miscarriage to access both leave and pay.
Minister welcomes Assembly approval
Dr Caoimhe Archibald, who pledged to introduce the legislation ahead of the statutory April 2026 deadline, welcomed the Assembly’s approval:
“Parents who suffer the loss of a child should be treated with care and compassion. These new rights allow women who experience miscarriage and their partner to take up to two weeks of paid leave to grieve and to support each other during a very difficult time. I welcome the Assembly’s approval of these Regulations, which will make a meaningful difference to many women and families across the north.”
In the consultation response published in January 2026, the Minister acknowledged the unanimous agreement among stakeholders that legislating for miscarriage leave should be prioritised. She wrote:
“Miscarriage is a deeply personal loss, and these rights will ensure parents have the support and time they need to grieve and recover.”
Divergence from Great Britain
While Northern Ireland moves ahead with implementation on 6 April 2026, employees in Great Britain remain without equivalent statutory rights for miscarriage. The UK government’s Employment Rights Act 2025 contains provisions for similar leave, but secondary legislation and detailed arrangements are not expected until 2027, creating a significant gap in protections across the UK.
This divergence presents practical challenges for employers operating across both jurisdictions. Businesses with staff in Northern Ireland and Great Britain must update payroll systems and HR policies to distinguish between regional entitlements, ensuring miscarriage leave is not incorrectly applied to GB-based employees. The nibusinessinfo.co.uk guidance specifically warns cross-border employers against applying Northern Ireland enhancements to GB staff.
Furthermore, the new rights are not retrospective. Only miscarriages occurring or discovered on or after 6 April 2026 will qualify, meaning those who suffered losses in the weeks immediately prior to implementation will not benefit despite the legislation having been passed in principle since 2022.
Critical questions for implementation
- How will cross-border employers manage this divergence in UK employment rights without risking confusion or inadvertent non-compliance?
- Will the lower earnings limit of £129 per week exclude the most financially vulnerable workers who may need this support most urgently?
- Given the Parental Bereavement Act received Royal Assent in 2022, what caused the four-year delay between passage and implementation of these specific miscarriage provisions?
- How will the self-declaration system balance preventing abuse with maintaining the sensitivity required for such personal circumstances?
- Does the two-week entitlement adequately reflect the physical recovery time often needed after miscarriage, particularly following surgical interventions?
The Regulations represent a significant shift in how employment law recognises pregnancy loss, treating miscarriage with the same statutory gravity as stillbirth and child death. As the first jurisdiction on these islands to provide this specific protection, Northern Ireland’s approach will serve as a test case for wider UK reforms, with employers now facing a two-week countdown to ensure their policies and payroll systems are ready for the 6 April commencement date.