Paid Miscarriage Leave

Justin Madders Excerpts

Thursday 17th March 2022 Commons Chamber

[Justin Madders (Ellesmere Port and Neston) (Lab)]

I thank the hon. Member for Lanark and Hamilton East (Angela Crawley) for securing and leading the debate and the Backbench Business Committee for granting it. I pay tribute to her campaigning on the issue, which has helped to put the matter firmly on the political agenda.

Understandably, it is sometimes difficult for us to talk about such issues, but as we have seen with the now annual baby loss debates, raising these subjects in an informed and sensitive way is a good way to challenge existing rules and assumptions and to make change happen. We know that any change of the type that we are talking about would help the thousands of parents who experience pregnancy loss every year. Of course it cannot reduce the pain and sense of loss that they experience, but by removing one barrier that they will face during the grieving process, I hope that it will prove to be of some use.

As hon. Members have said, pregnancy loss at any stage of pregnancy is a major source of grief and can have a significant impact on the emotional and mental health and wellbeing of women and their partners. We know that women who have experienced baby loss are at a higher risk of post-traumatic stress disorder, anxiety and depression. As we have heard, a survey carried out by the Baby Loss Awareness Week Alliance in 2019 found that 60% of parents who experienced pregnancy or baby loss said that they would have liked specialist psychological support for their mental health but were unable to access it on the NHS. We need to do better than that. We need to ensure that support is accessible to all women who have lost a baby and that the needs of their partners are also addressed.

Nearly two years ago, the Government introduced parental bereavement leave and pay for employed parents who lose a child under the age of 18 or who suffer a stillbirth from 24 weeks of pregnancy, but current legal provisions cover only those parents who lose a pregnancy from 24 weeks. There is no current entitlement to bereavement leave for a miscarriage, which is medically defined as a loss of pregnancy before the 24th week. If a pregnant person, their partner or a person receiving a surrogate loses a child before 24 weeks, only the pregnant person is entitled to leave, and that is only for the physical illness or sickness that they face.

In a recent debate on this matter, the Government pointed to other statutory provisions such as statutory sick pay for women unable to return to work because of ill health following a miscarriage, but, as we have heard from Members today, that is not adequate and does not provide the right support to women and their partners who experience pregnancy loss. Loss is loss whether it is at week 12, 18 or 24 of a pregnancy. The need to grieve will still be there.

However, looking at this on the basis that loss before 24 weeks is treated at the moment as sickness absence—putting aside whether that is the correct classification for such absence, and I think we can all acknowledge that a powerful case is being made that it is not—we all know that statutory sick pay is woeful. The rate is among the worst in Europe and it is not available to all workers. As we have seen during the pandemic, it is very hard for those on low wages, in insecure work, or the self- employed to access proper support when they are sick. Indeed, the Government have said they know sick pay needs to be looked at, so I hope the Minister can do so.

The Minister has previously suggested that in these situations annual leave could be used for miscarriage leave. The grieving process is of course not in any way remotely comparable to a holiday. For those suffering a loss, it is not something they would choose to do if they could avoid it, so I ask the Minister to think again about whether it is appropriate to ask people who have gone through such a traumatic experience to take a holiday. Is that the correct way to classify their grief?

The truth is that neither of the current statutory provisions is adequate. Bereavement is not an illness and it is certainly not a holiday. That is why Labour has committed to a right to introduce bereavement leave. We know that others support that. The chief executive of Sands, the Stillbirth and Neonatal Death Charity, said that miscarriage leave should be statutory. Indeed, as we have heard, in many places, it is: New Zealand and Australia have recently introduced paid miscarriage leave policies. Closer to home, following a public consultation, the Northern Ireland Assembly has legislated to introduce paid miscarriage leave by April 2026. As has been highlighted, Northern Ireland is leading the way not just in the UK but in Europe on this policy. Several companies including the Co-op and Channel 4 and trade unions such as the GMB have introduced miscarriage policies and periods of leave for all women who have experienced a miscarriage. We all applaud those employers for their forward-thinking policies, but can we all agree that the lottery of who you are employed by should not determine whether you are entitled to such leave? We should also reflect on whether Members, as employers, should be looking to make changes in this area. It is important that we recognise that, while there is some good practice out there, leaving it to employers to decide will lead to inequality and that, without statutory provision or legal rights to back up what is being asked for today, not everyone will receive the support they require.

We also know that there is considerable support among others for this change. Sixty-five organisations, representing 69,000 employees, have signed the Miscarriage Association pregnancy loss pledge, which

“asks that employers endeavour to create a supportive work environment, understand and implement the rules around pregnancy-related leave, have a policy or guidance in place and support people and their partners back to work.”

In a debate earlier this month, which has been referred to, the Minister agreed that those principles sounded like a “very sensible” approach “that employers should take”, but he also acknowledged that not all employers do that. If he acknowledges this support is not available to all, he must surely recognise that it is incumbent on his Government to do something to address that. We hope to hear him say today that there will be a commitment to equalising entitlement to bereavement leave to protect all parents from being forced to go into work when dealing with the loss of a baby, no matter at what stage of the pregnancy it takes place.

I think we can all agree that creating a supportive environment in these situations is important. Without it, parents may not want to disclose their pregnancy loss to their employer. That is a difficult conversation to have at any time with an employer. Parents can do without the added stress and anxiety of having to raise and possibly even negotiate a period of leave with their employer. To compound that feeling, they might have justifiable fears of workplace discrimination and so not raise the matter at all, with the result that they end up suffering alone, in silence, without receiving the support that they need at a difficult time.

I am sure we will hear the Government say they intend to bring in employment measures when parliamentary time allows, but, as the Minister knows, the scheduling of legislation is up to them, so the time is in their gift. In the last couple of years, we have seen dozens of Acts of Parliament and thousands of statutory instruments, so it is a question of priority. The 2019 Queen’s Speech had the promise of an employment Bill, but that was dropped by the time of the 2021 Queen’s Speech. I hope that does not represent a downgrading of the Government’s commitment to tackling the issue. Surely any Government committed to tacking and improving rights at work would want to do so at the earliest opportunity. As we will no doubt hear shortly in the statement on P&O Ferries, employment laws in this country are in desperate need of an upgrade.

To conclude, will the Minister set out when he will bring the employment Bill forward, and whether he will consider putting within it the provisions that we have debated?

[The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Paul Scully)]

I congratulate the hon. Member for Lanark and Hamilton East (Angela Crawley) on securing this debate, following the debate that we had in Westminster Hall, and I thank the Backbench Business Committee for allowing us to discuss this important and sensitive issue. It is so important that we hear the examples that she mentioned. We must give our sympathies to people who have lost a much-wanted baby at any stage of their pregnancy, including though miscarriage, and always reach out to them and support them. She spoke with much passion, as she always does on this issue, and I am grateful for her continued work to raise awareness of the significant impact of baby loss at any stage on those parents. I also thank everybody who contributed to the debate and supports the discussions around baby loss.

The hon. Member asked what the Government are doing to support people following a miscarriage. I am pleased to say that we have support in place for both employers and employees, to guide employers to do the right thing by their staff and to protect employees when they need to take time off. I have talked about how losing a baby at any stage is devastating and how those people need their employers to respond with compassion.

I want to set out briefly the wider work that the Government are talking forward on women’s health, including in the workplace, because this is integral to the strategy. In March 2021, we announced the establishment of England’s first women’s health strategy, led by the Department of Health and Social Care. Health in the workplace, fertility, pregnancy, pregnancy loss and post-natal support will be priority areas in that strategy. As we have heard, damaging taboos and stigmas remain around many areas of women’s health, and they can prevent women from starting conversations about their health or seeking support for a health issue, whether through medical help or help from their employers. When women do speak about their health, all too often they are not listened to. We are determined to tackle those issues. Women need to feel supported in the workplace, and those taboos are broken down through open conversation.

Our vision for the women’s health strategy, which was published on 23 December 2021, sets out an ambitious and positive new agenda to improve the health and wellbeing of women across England. We will publish the full strategy later this year.

The Government have an active agenda on work and health more widely. One example of that is our response to the “Health is everyone’s business” consultation published in July 2021, which sets out measures that we will take to protect and maintain progress made to reduce ill health and related job loss and to see 1 million more disabled people in work from 2017 to 2027. Those measures are part of the wider support system that I mentioned and are key steps in our effort to change the workplace culture around health and sickness absence. Changing that culture through opening up conversations in the workplace will benefit anyone who has health issues at work, including those who have lost a pregnancy.

So far I have talked about physical health, but for some people the feelings of grief and loss associated with a miscarriage are overwhelming and have an impact on their mental health. Our excellent national health service is there to support individuals when such feelings are particularly debilitating, or are likely to have a longer-term impact on their mental or physical health. We are expanding access to psychological and talking therapies within specialist perinatal mental health services, with 26 hubs due to open by April 2022. The hubs will offer treatment for a range of mental health issues, as well as bereavement services.

As part of the Government’s commitment to build back better, we published our mental health recovery action plan, which is backed by an additional £500 million this financial year to ensure we have the right support in place. That is in addition to the £2.3 billion of additional funding we are investing in mental health services by 2023-24. We also remain committed to achieving parity between mental and physical health services and reducing mental health inequalities. We are making good progress, with investment in NHS mental health services continuing to increase each year from £11 billion in 2015-16 to £14.3 billion in 2020-21.

I know that the hon. Member for Lanark and Hamilton East (Angela Crawley) is specifically interested in, and always speaks passionately about, a leave entitlement for miscarriage. Parental bereavement leave and pay may not be that entitlement, but it does two important things. First, it supports parents who have suffered that tragic unimaginable loss we have talked about. Secondly, it sets a statutory baseline for employers, sending an important message that the Government expect employers to support their staff following any type of bereavement. That bereavement leave is available to parents who have lost a child under 18 or who have suffered a stillbirth after 24 weeks. That definition of stillbirth is a clinical one.

Miscarriage is undoubtedly a very personal experience and some people affected may want to stay at home, while others may prefer to continue to work or alternatively need time off later. That is why the Government support employers and employees to have those conversations about what is happening in their lives and what support they need, giving them the flexibility to have that approach. Employers are best-placed to understand their own people and to develop a solution that works for the individual.

There are really good examples of companies treating their employees with compassion and going beyond the statutory minimum we set. That is valuable to the employer as well as to the employee. Increased loyalty to employees can improve the retention rate. There is a bottom-line argument for employers, because after investing time in people it seems daft to then not give them the flexibility to keep them within the workforce. Rewarding them well will keep them productive if they feel a valued member of the team.

We heard about the pregnancy loss pledge, which is an excellent example of exactly what I have been saying: encouraging employers to show empathy and understanding towards people experiencing pregnancy loss, and having a supportive work environment where people can openly discuss their needs following a loss.

In this difficult economic climate, the Government are mindful of placing extra statutory burdens on businesses, but for those businesses that can go further we strongly encourage them to do so. We fully expect that in time others will follow that lead. On flexibility, I can give the example of ASOS, which has life events leave. In recent debates we have talked about endometriosis, neonatal care, other caring responsibilities, menopause and now miscarriage. All those things fit partly within the women’s health strategy I was talking about, but in those life event situations it is absolutely incumbent on employers to value their people and show flexibility if they want the reward of their employees remaining productive and loyal in turn.

When it comes to helping employers to be sympathetic and supportive, one of our most important tools is guidance. We recently commissioned a significant update of the guidance on “Managing Bereavement in the Workplace”. That includes a new section on supporting employees after a miscarriage before 24 weeks of pregnancy and offers examples of best practice. The guidance can be found now on the ACAS website. Flexible working is integral to this issue. Yes, it is not a replacement for leave, but having access to flexible working arrangements can be a really important tool to support those in employment who experience a difficult life event. Changing a work pattern can provide individuals with the flexibility they need to balance their work commitments with their personal lives during such challenging times. Having a statutory right to request a temporary or permanent working arrangement could therefore be beneficial to individuals grieving a miscarriage.

We have taken forward our manifesto commitment to consult on making flexible working the default unless employers have good reason not to do it. That consultation contained measures that would increase the availability and support the uptake of flexible working arrangements, including whether to extend the right to request flexible working to all employees from the first day of employment. We have received 1,600 responses and we are going through them now. We will issue our response in due course.

[Justin Madders]

I just want to clarify: is the Minister seriously suggesting that someone who has had a miscarriage should make a flexible working application, which could take weeks or months to resolve?

[Paul Scully]

I am saying that it is one of the tools for employers to value their people, which is why we want to ensure that we can have a tailored response to people’s life events. I talked about miscarriage and we have also rightly talked about all the other areas, including women’s health and, indeed, men’s health, whether that is mental or physical. Flexible working can be at the heart of wraparound care for employees, but it is not the only tool.