Paid Miscarriage Leave

Jim Shannon Excerpts

Thursday 17th March 2022 Commons Chamber

[Angela Crawley (Lanark and Hamilton East) (SNP)]

I beg to move,

That this House calls on the Government to introduce paid miscarriage leave; notes that in the UK, two weeks parental bereavement leave and pay is in place after stillbirth, however there is no such support for anyone who has experienced a miscarriage before 24 weeks of pregnancy; believes that miscarriage is an extremely traumatic experience and that more support should be provided to families that experience such a loss; understands that the New Zealand Parliament unanimously approved legislation to give people who experience a miscarriage paid leave, no matter what stage a loss of pregnancy occurs; and further believes that the Government should follow suit and provide paid leave for people that experience miscarriage and allow families to grieve for their profound loss.

I am extremely grateful to the Backbench Business Committee for granting this important debate in the Chamber. I am also grateful to the Members in attendance today, to those who spoke passionately in last week’s Westminster Hall debate and to colleagues from across the House who backed my private Member’s Bill, many of whom have supported this issue for some time. Many thanks also go to the fantastic organisations that advocate for greater support for those who experience the trauma of miscarriage, including the Miscarriage Association, Mumsnet, Sands, the Ectopic Pregnancy Trust and many more. I also put on record my appreciation for the 40,000 people who have signed the petition calling for paid miscarriage leave and for those from all over the UK who have contacted their MPs to ask them to back the campaign.

This is an important issue that has cross-party support. I am only sorry that the debate falls on a Thursday when the Chamber is less populated than usual, but, given that many Members support the motion, I hope that we will see more progress from the Minister today.

One thing that has struck me throughout the campaign is the brave men and women who have told their story of loss to try to help others, and who have campaigned every day so that others do not have to suffer in silence, as they did. I wish to share one such story today. A constituent of mine said that

“it is not just the physical pain of that moment—it is the emotional pain that lingers.”

Those are the words of my constituent from Carluke, who bravely shared her experiences with me last week. When she miscarried, she was the only woman working in her office—all her colleagues were men—and felt totally powerless to talk about her experience. Not only did she not feel comfortable seeking time off work, but she simply did not feel able to tell anyone in her workplace about what had happened to her. She spoke to me not only of the physical loss of the miscarriage, but of the mental impact of that loss. She said:

“You need time to recover from the physical element of what you have experienced. It can take its toll on the body. But I found the mental effects to be much worse. When you get the news that you’re pregnant, it is such a joyous time. You share it with friends and family, and you prepare yourself for the imminent arrival. So when you never held your baby, you still feel that it has been taken away from you. It is a loss and something that I mourned. Before I returned home from hospital, I made sure that my husband got rid of all the baby items that we had bought—clothes, toys, everything. I felt totally unsupported. I took a sick day on the Friday when it took place and was back at work on Monday as if nothing had happened. I don’t understand why there is just nothing in place to support women in these times of trauma.”

[Jim Shannon (Strangford) (DUP)]

I commend the hon. Lady for bringing this matter forward. I have always supported her in her objective of trying to achieve this. I was there to support her when she had a debate in Westminster Hall. I am ever mindful of the fact that my mother had a number of miscarriages. She was back at work, as the hon. Lady mentioned, within days. My sister had them as well and was back at work very quickly. I had a staff member who had two miscarriages and she was also back at work very quickly. Does the hon. Lady not agree that the fathers of these wee lives also have a right to mourn, and that any paid miscarriage leave must also recognise the daddy and allow him to know that society does not expect him to carry on as if his whole world has not been completely shaken as well?

[Angela Crawley]

Absolutely. I thank the hon. Member for his point—a point that I was about to make myself.

The fact is that, for too many parents, the loss of a pregnancy is seen as a woman’s issue. It is seen as something that affects only the mother. Sadly, too often, it is the fathers and the partners who lose out on that recognition of their loss and the ability to take leave. The loss of a pregnancy at any stage can be truly devastating, and, sadly, for some families, this experience may happen to them more than once, compounding the trauma of their loss. Without that recognition, the hopes and dreams that they had for their little life are gone—that is it. There are no legal rights, no forms of bereavement leave or pay, and, quite simply, no recognition that their little life existed.

One in four pregnancies ends in miscarriage and the experience of my constituent is not unique; it is shared by thousands of people every year. In a recent survey on miscarriage in the workplace, Mumsnet reported that there had been an increase in the number of women who labelled their experiences as poor or very poor—21%, up from 17% in 2019. Thousands of respondents cited a lack of support from their employer and a fifth of women said that they would have liked to take time off work following their miscarriage, but that they did not feel able to ask. These are incredibly difficult conversations to have with employers, and, just as my constituent highlighted, many women are simply not comfortable to do so or to share these experiences, and we are hearing the same experiences repeated time and again.

The Minister was right to say last week in the debate that good employers will take the appropriate action and treat the situation sensitively, giving staff the appropriate leave when required. However, the legislation that I propose is not only for employers; it is for the families up and down the country who cannot disclose a miscarriage, who feel pressured into going back to work too soon, and who feel shamed into silence. The Mumsnet survey showed that a resounding 96% of respondents supported the introduction of three days’ paid leave following a miscarriage. I repeat that number: 96% of survey respondents who had recently had a miscarriage said they would support the motion in the House today for paid miscarriage leave. One respondent said:

“I felt pressure to be back and didn’t allow myself any grieving time. It didn’t do me any good.”

Another added:

“You are replaceable at work. Your health and well-being for life should be a priority and workplaces need to change their attitudes and sickness policies, not make us burn the candle at both ends to fit into their policies. It’s pregnancy related anyway and shouldn’t be counted within sickness policy.”

While the updated ACAS guidance recommends that employers should consider offering time off, there is no legal right to paid leave and no statutory requirement for employers to allow it. We are seeing more and more employers implement policies, and that is welcome. Many workplaces have introduced a dedicated policy of miscarriage leave, one of the many ways employers can give meaningful support to their staff at that difficult time. However, leaving the provision at the discretion of employers is driving inequality across the board. Too many workers are left without the support they deserve because paid leave is not statutory.

Comprehensive policies of paid miscarriage leave have been introduced in nations such as New Zealand and Australia, and just last month the Northern Ireland Assembly legislated to introduce paid miscarriage leave, making it the first place in Europe to do so. The Scottish Government have pledged to provide three days’ paid leave following miscarriage, but the right to extend that provision to the private sector is reserved to this place.

While I recognise that three days’ paid leave, or even two weeks, may not be enough, it is a meaningful recognition of the loss and the grief. We should aim to support our workforce adequately and adopt recognised international best practice. A UK-wide policy of paid miscarriage leave would ensure that parents receive the support they deserve in this tragic time, and that no one falls through the cracks of the existing system.

The Government’s much-awaited employment Bill still appears to be some way from Parliament. Ahead of that Bill, the Taylor review of modern working practices has highlighted the changing demographics of the workplace and the need for a comprehensive employment law. There are more women in work now than ever before, and women’s participation in the workplace has been growing quicker than men’s over the past two decades.

Central to the Taylor review is the idea of putting employee health and wellbeing at the forefront of future employment legislation. That must include the provision of paid miscarriage leave. We must ensure that employment law protects and supports employees through such a serious life event. I do not believe the current legislation gives enough support to women and their partners through the experience of pregnancy loss in the workplace.

Indeed, I have asked the Minister when the employment Bill will be brought to the House and received no definitive answer. Families cannot wait for legislation that is not yet on the horizon. There is enough support across the House to bring forward a separate Bill on this issue, and I urge the Minister to introduce paid miscarriage leave.

Last Tuesday in the debate in Westminster Hall I raised the issue with the Minister once again. The response we heard was underwhelming. The Government continue to insist that sick pay or annual leave are acceptable provisions for those who experience miscarriage. They are not. Grief is not a holiday and it is not an illness. That response is offensive and unsustainable.

The Minister highlighted the Parental Bereavement (Leave and Pay) Act 2018 as evidence of action the Government have taken on this issue, but that Act does not make provision for those who experience a loss before 23 weeks and six days. Parents who experiences the loss of a pregnancy before 24 weeks have no statutory right to paid leave, and that is wrong.

As many hon. Members will know, I have been campaigning on this issue for some time. I pay tribute to my hon. Friend the Member for North Ayrshire and Arran (Patricia Gibson), who first introduced the Parental Bereavement (Leave and Pay) Bill. When the Act came into effect, it secured two weeks’ leave for parents who experienced that loss after 24 weeks, but, as I said, there is nothing in place for parents before that time.

The Minister’s sympathy and understanding are welcome, but they are not enough. We must do more to ensure that all parents who experience the loss of a pregnancy are protected with such provision and to extend paid leave to those who experience a loss prior to 24 weeks. A specific statutory provision for paid miscarriage leave should not only cover the women experiencing the miscarriage, but their partners. It would also give a signal to those experiencing pregnancy loss that they have permission to grieve.

This is about more than changing policy; it is about changing workplace culture in the UK to account for real-life issues that affect the workforce. By legislating for this provision in employment law, we can help to tackle the stigma associated with miscarriage and facilitate a wider discussion on improved care.

I thank all the parents who have shared their stories of loss and grief with me in the pursuit of policy change. Pregnancy loss happens all too often, and sadly it ruins and destroys the joy that many expectant parents have. When pregnancy loss occurs, it is not only the loss of the pregnancy but of the hope and the dreams that expectant parents have, and it is an incredibly difficult time.

I urge the Minister to reconsider the Government’s stance and invite him to meet me once again to discuss how we can move this debate forward. It is unacceptable that parents should have to take sick leave or annual leave; they are not sick and they are not on holiday. For too long, parents have suffered without the support they need and deserve. We must recognise the grief and loss that parents who experience pregnancy loss before 24 weeks face. I urge the Government to give serious consideration to introducing paid miscarriage leave across the UK and to support my motion here today.