North’s miscarriage rules a first – ALG
Lawyers at A&L Goodbody (ALG) have highlighted new regulations in the North that introduce a statutory entitlement to miscarriage leave.
The firm says that the North becomes the first jurisdiction in Britain or Ireland to do so, with Germany the only country in Europe offering such a standalone entitlement.
The new regulations amend the existing Parental Bereavement (Leave and Pay) Act (Northern Ireland) 2022, with Economy Minister Dr Caoimhe Archibald saying that the changes “will make a meaningful difference to many women and families across the North”.
The measures provide a statutory entitlement to paid miscarriage leave to encompass pregnancy loss before 24 weeks.
Eligible employees
Effective from 6 April, they allow eligible employees to take up to two weeks’ leave in relation to miscarriages experienced after that date, with leave paid at the statutory rate of £194.32 per week or 90% of the employee’s weekly earnings, whichever is lower.
An eligible employee is defined as the woman who experiences the pregnancy loss, together with her current partner or the person would have been the biological parent.
The period of leave may be taken as one continuous period or two separate weeks, within 56 weeks of the date of the miscarriage. Employees will not need a minimum length of service to qualify.
‘Sensitive’
“In an acknowledgement of the sensitive subject matter, the regulations allow employees to self-declare the loss, with no intrusive evidence required for employers,” the ALG lawyers note.
The firm has urged employers in the North to update their handbooks and policies to reflect the regulations, to notify staff of their new rights, and to train managers to enable the changes to be communicated to staff effectively and sensitively.
ALG adds that the new regulations are a minimum entitlement, giving employers the option of developing “a more expansive” bespoke package for employees.