Paid Miscarriage Leave

Paul Scully Excerpts

Tuesday 8th March 2022 Westminster Hall

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

It is a pleasure to serve under your chairmanship, Mrs Cummins. I congratulate the hon. Member for Lanark and Hamilton East (Angela Crawley) on securing today’s important debate. This is a really important and sensitive issue, and I want to express my deep sympathy for anybody who has experienced the loss of a baby. Sometimes the most poignant debates in this place are when we talk about baby loss at any stage of pregnancy, or indeed after birth.

The hon. Member has spoken with candour and passion, and I am grateful to her not just for today’s debate, but for our exchanges and the rest of the work that she has done, and for raising awareness of the significant impact of baby loss at any stage on parents. I also want to thank others who have contributed to this debate for their thoughtful and insightful comments, especially, as the hon. Lady rightly notes, on International Women’s Day when we come together to showcase the issues that are so important not just for women, but for families and couples across this country and the world.

As a Government we understand that there is plenty more that needs to be done to support women’s health. I will begin by first setting out the wider work that the Government are taking forward in relation to women’s health, including in the workplace. In March 2021, we announced the establishment of England’s first women’s health strategy, which is being led by the Department of Health and Social Care. Health in the workplace and fertility, pregnancy, pregnancy loss and postnatal support will be priority areas within the women’s health strategy.

We know that damaging taboos and stigmas remain around many areas of women’s health. They can prevent women from starting conversations about their health or seeking support for a health issue. When women do speak about their health, all too often they are not listened to, but the Government are determined to tackle those issues. We want to ensure that women feel supported in the workplace, that taboos are broken down through open conversation, and that employers feel well equipped to support women in managing their health within the workplace. “Our Vision for the Women’s Health Strategy for England”, 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, but in the meantime I reiterate that the levelling up of women’s health is an imperative for us all.

The Government have an active agenda on work and health more widely. One example is the Government’s response to the “Health is everyone’s business” consultation. The response sets out measures that will protect and maintain progress made in reducing ill health-related job loss, and will see 1 million more disabled people in work from 2017 to 2027. The measures include a national digital information and advice service to provide greater clarity around employer and employee rights and responsibilities, working with the Health and Safety Executive to develop a set of clear and simple principles for employers, and increasing access to occupational health. Those measures are key steps in our effort to change the workplace culture around health and sickness absence, which will benefit those who have lost a pregnancy.

The hon. Member for Lanark and Hamilton East is specifically interested in a leave entitlement for miscarriage. In April 2020, we 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. That new entitlement recognises that the death of a child or the stillbirth of a baby is particularly tragic. Although parental bereavement leave does not apply when a baby is lost before 24 completed weeks of pregnancy, there is support available. Women who are not able to return to work because of ill health following a miscarriage may be entitled, for example, to statutory sick pay or annual leave, and their entitlements need to be looked at in the round with the wider benefits system.

Parental bereavement leave and pay is a statutory minimum, and in introducing that entitlement the Government sent an important message to employers that staff members who have suffered a bereavement should be supported. Indeed, I am pleased to say that there are many good examples of businesses that offer compassionate leave for their employees following a miscarriage. The hon. Member for Lanark and Hamilton East talked about ASOS as one of those examples. I have spoken to ASOS. What it offers is not miscarriage leave per se; as she rightly described, it covers “life events”. ASOS is particularly forward looking in understanding that miscarriage is one of a series of really important life events that affect people in different ways. ASOS has that wrap-around care because it understands that investing in the workforce is the right thing to do—to keep people in the workforce, keep them happy and keep them content.

Flexible working may not be an alternative, in the view of the hon. Member for Sheffield, Hallam (Olivia Blake), but different people have different responses to a life event such as miscarriage. It is a really personal experience. Some of those affected may want to stay at home; others may prefer to continue to work, or alternatively may need time off later. That is where flexible working can make a difference for many people, but not all people—as I say, it is a very personalised experience. Individuals are best placed to understand their own specific needs, and good employers will respond to requests made by their employees in a sensitive way. It is right that we showcase those employers doing well, and that we also explain that it is the right thing to do not only morally—from a humanity point of view—but from a business point of view. It makes no sense to take a different view from that of those far-sighted companies that are making a wider, longer-term investment in their workforces. However, we are in a difficult economic climate, and that cannot be ignored. We are mindful of placing additional burdens on business, but, as I have mentioned, we strongly encourage employers to go beyond the statutory minimum wherever they can.

The hon. Member for Lanark and Hamilton East noted that miscarriage and the associated grief are not illness. However, when an event negatively affects someone’s mental or physical health, they may have the option of taking sick leave, and may also be eligible for statutory sick pay. Employees who are able to claim sick pay can self-certify as sick for the first seven days that they are off work; after that time a fit note is required, and their employer can request medical evidence if they wish. In addition, there are protections in place for those who need to take sick leave following a miscarriage, which mean that any sick leave taken during the two-week period after pregnancy ends should not count towards a total sickness record or be used as a reason for redundancy or disciplinary action. Individuals who are not eligible for statutory sick pay and those who require additional support may be eligible for universal credit and the new-style employment and support allowance.

[David Linden]

I am grateful to the Minister for giving way. It would be remiss to allow the debate to pass without putting on record that statutory sick pay on these islands is among the lowest rates in Europe. It is fine to talk about statutory sick pay, but not at the pitiful levels that the UK pays at the moment.

[Paul Scully]

I understand the hon. Member’s point of view. I ask him to look at it in the round, alongside universal credit and other means of welfare. We have said we would always look at statutory sick pay, but we do not believe that now is the time to do it, as we are coming out of a pandemic. That is certainly something that we are keeping under review, as part of that wider holistic approach to welfare, benefits and workplace support.

All employees are also entitled to take 5.6 weeks a year of annual leave, in some cases more if their contract of employment allows. Normally, employees need to give notice of leave dates, but employers may agree to waive the notice period.

[Olivia Blake]

Can the Minister understand how deeply insulting it is to be told to take annual leave, having gone through a traumatic experience, and to take a holiday when grieving? Does the Minister understand how deeply offensive that is?

[Paul Scully]

That is exactly what I was going to say. That provision is there, and the hon. Member for Strangford (Jim Shannon)—a good friend of mine—talked about people taking holiday leave to go through a miscarriage. When I have employed people, either here or in my previous life running businesses, I would never have dreamed of counting absences for such life events as holiday. They may want to apply for it, but I would treat them far more sensitively, for the reasons given by the hon. Member for Sheffield, Hallam. It is so important that businesses and employers have that approach, to invest in their time and future.

[Angela Crawley]

The Minister has worked extensively with me to find ways—through ACAS, for example—to ensure that employers can do more to support employees. If he accepts that sick leave, holiday pay and flexible working are not the correct methods to support an employee who has experienced pregnancy loss, and if he will not commit to a distinct miscarriage leave policy, will he consider extending bereavement leave to include parents who experience that loss before 24 weeks?

[Paul Scully]

We will outline employment measures when parliamentary time allows. The hon. Lady earlier talked about the Miscarriage Association pregnancy loss pledge. I am not in a position to commit to a pledge here and now but, looking at the sentiments in there, there are very sensible approaches that employers should take: encouraging a supportive work environment; understanding and implementing rules around pregnancy-related leave; ensuring that staff feel able to take time off if they need; showing empathy and understanding, which is seemingly fundamental and basic, though not all employers do so; encouraging line managers to access in-house or external guidance; supporting people back to work, by being responsive to those needs; and showing flexibility wherever they can. Those are all common sense, and it is great that they have been brought together in that pledge.

Having access to flexible working arrangements can be important for those who experience a traumatic life event of any sort. 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 can be important.

I have outlined some of the support and options that are also available to employees when they have suffered a loss. Businesses do have that important role to play. We have commissioned guidance from ACAS on managing a bereavement in the workplace, which has been well received and was updated in 2020, to take into account the introduction of parental bereavement leave.

The hon. Member for Lanark and Hamilton East made it clear that miscarriage is not an illness. We want to ensure that grieving families and friends who have lost loved ones receive the support they need, when they need it. We have given more than £10 million to mental health charities, including bereavement charities, to support people though this. Our excellent NHS is also there to support individuals with mental health and wellbeing issues. I am pleased to have had this debate and appreciate the discussion and contributions.

Question put and agreed to.