Manage an employee who has had a miscarriage or whose baby is stillborn or dies after birth

Key points

  • If an employee's child is stillborn 24 weeks or more into the pregnancy, they will retain their entitlement to statutory maternity leave and pay.
  • A miscarriage before the pregnancy has reached 24 weeks will mean that the employee will not have the right to statutory maternity leave or pay. The employer's sickness absence procedure should be used to deal with absence in these circumstances.
  • Where the baby dies after the birth, the employee will retain their full rights to statutory maternity leave and pay, irrespective of the timing of the birth.

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