NEW LEGISLATION ALERT: In our March instalment of Employment Law at 11 Seamus McGranaghan of O’Reilly Stewart Solicitors and Christine Quinn of Legal Island, give us a guide to paid miscarriage leave in Northern Ireland, coming into effect in April 2026, and broader guidance on supporting employees through bereavement. They cover statutory entitlements, policy considerations, and best practices for compassionate workplace support, helping employers navigate these sensitive situations with confidence.
 

Transcript to follow:

Christine:  Welcome to Employment Law at 11, sponsored by our brand-new sponsors, HRLocker. A huge thank you to them. My name is Christine Quinn. I'm from Legal-Island. I'll be facilitating today's session. I'm joined, as always, by Seamus McGranaghan of O'Reilly Stewart Solicitors.

So what are we talking about today? There's new law here in Northern Ireland. Yes, you heard me correctly, actual new law is in the jurisdiction. And in fact, Northern Ireland is leading the way in Europe as the first jurisdiction to implement this law.

This morning, we're dealing with the sensitive issue of miscarriage leave and pay. We'll be getting you up to speed on the new rules around this issue that come into force on 6 April, so next month. We'll also give you some tips and best practice on managing bereavement generally in the workplace. So, it's a sensitive topic, and I'm sure you'll agree a necessary one.

Please feel free to submit your questions at any time using the Q&A feature, and I will make sure to put them to Seamus as and when appropriate.

As I mentioned, we have a new sponsor this morning. So, thank you to HRLocker. HRLocker is an all-in-one HR software platform that simplifies people management for growing businesses. From leave requests and time tracking to performance reviews and employee records, it brings everything into one easy-to-use system. As your team grows, scaling with HRLocker is scaling with confidence.

So you may or may not have noticed that when you were signing up for the webinar today, everyone who's registered will get free access to the Legal-Island eLearning course on bereavement in the workplace. So look out for that arriving in your inbox after the webinar. It's relevant for all staff, so a really useful resource there.

And while you're checking out the eLearning, why not sign up for a 14-day free trial to access all the great materials on the Legal-Island Hub, including the back catalogue of all the Employment Law at 11s that you may have missed?

Let's get started, as always, with a few polls. Let's see what you guys are thinking. Does your organisation already have a policy that addresses miscarriage leave and pay? So, you can choose between yes, we have a dedicated policy; it's covered with a broader family-related or bereavement policy; or no, we don't currently have anything in place.

Let's see. I can see you all voting. Well, there are a couple head-to-head now. Let's have a look to see what people are thinking. As you can see, it's pretty neck and neck with "no, we don't have anything in place", or "it's covered with the broader family-related or bereavement policy".

Seamus, were you expecting that, or were you thinking everyone was going to be super organised for April and have their dedicated policy in place already?

Seamus: I mean, I think it's probably reflective of in and around where I thought that it might be. I think that there has been good news coverage in relation to this legislation coming along down the line. And this is legislation coming in place was really championed and taken on by Diane Dodds up at Stormont, and there's been wide-scale support all around, I think, from all the parties in relation to it. So, there's definitely been political momentum.

I think this was all sort of originally talked around back just in . . . In and around 2022, I think, was the actual bill. And what we've come out the other end with is we have some adjustments. We've had a consultation period that isn't actually finished that long, so I think we could forgive people on the basis that this has moved with some energy now. I think 20 January actually the Department for Economy published its miscarriage leave, the departmental consultation response, so it's fairly fresh.

But I suppose that this is the benefit of us talking about this today, that it's getting out there. Maybe, hopefully, if we were to look back at this poll in a couple of months' time, everyone will have some kind of policy.

It's good to see there that it is covered maybe under a wider scale of family-friendly policies within handbooks and things like that. But I do think that, as we always say, Christine, in these webinars, policy and procedure. I think it does need to be recorded in writing.

Christine:  Brilliant. Thanks, Seamus. So, we'll move on to our second poll. Which aspects of supporting employees through bereavement are most challenging in your organisation? We've got managing sensitive conversations; ensuring policies are applied consistently; or balancing operational needs with compassionate support.

And we were saying before we came on, we just don't know where this is going to land because we hear everything, really, don't we, in relation to it? Let's see what people are thinking.

We've got actually 60% saying that the operational needs, balancing that with compassion and support, are the biggest challenges, and managing sensitive conversations are coming up second. Seamus, what do you reckon to that?

Seamus: Yeah, I think it's interesting. I really wasn't sure because of the sensitive conversation piece. I think most of us that are involved in HR and people management, we're dealing with sensitive conversations a lot of the time, and it is just about presentation and about making sure that it's dealt with. But the larger part there in relation to it is around managing the balance of being compassionate and then also making sure that your business can still continue to operate.

And it kind of feeds back into me there. The legislation itself on a general basis for bereavement is so broad within the Employment Rights Order. It's an amount of leave that's considered reasonable, essentially. That old great saying that really doesn't say an awful lot.

It does leave employers in a difficult position whereby if you have somebody that has maybe had a tragedy around a death . . . I mean, there are all sorts of different types of situations that arise that are complex, but even in its simplest form, it still is such a big moment in anybody's lives whenever they lose a family member, and whether that's through bereavement leave or through miscarriage.

But it is about getting the balance right, and maybe even after four weeks, having that conversation with someone to say, "Are you coming back to work?" or, "What are your plans?" or having those conversations around keeping in touch and the welfare aspect.

I suppose it is getting the balance, again, of making sure that you're not overwhelming the person or the employee with check-ins, that you're giving them time to grieve, to move through the motions of that, but at the same time not ignoring them and keeping in contact with them.

It's complex. So that kind of reflects for me that the legislation around, in general, bereavement leave isn't particularly clear, guidance isn't particularly clear, and that does create a bit of a vacuum for employers who don't really know where they stand.

And that is the difficult bit then of managing, saying, "Look, we are compassionate. We, of course, want to provide time here and support, but we've also got a business to run, and we need to know where we stand". It is different, and the grief position is such a fluid, moveable position as well.

Christine:  Yeah, brilliant. Our third question then. What would most help your organisation strengthen its approach to compassionate leave and bereavement support? Again, this one we didn't know quite where to call it. So, would it help if you had clearer statutory guidance? Would it help if you had updated internal policies and templates? Or would manager training and confidence-building help the most?

Now, on the miscarriage leave guidance, I have on good authority that the LRA is . . . it's a work in progress for the LRA. We had hoped it would be out in time for today, but as these things often do, there's been a little bit of an overrun. But we're expecting it very soon, so we'll keep you posted on that, and that will certainly help with the miscarriage leave, getting that guidance from the LRA.

So let's see where we've landed here. Clearer statutory guidance, 45% of people would like that. And the manager training and confidence-building is still very high as well at 39%.

I would urge you to check out the eLearning module. It is extremely good for all staff, and it opens the conversation. So, I would really suggest you have a look at that.

But Seamus, what are your thoughts on that?

Seamus: I mean, it's interesting, the clear statutory guidance, just after what I've said there about what the '96 order says about general bereavement leave. I think we do have a clear position coming through on our miscarriage leave that's coming in on 6 April. It is about, then, updating your policies and procedures and being ready in advance of that.

But the key thing then, I think, really is around the training, and it's the confidence-building of having somebody to be able to go in to have those sensitive conversations.

It's the typical thing of maybe the boss coming down to somebody else in the workplace, usually another female, to say, "Listen, will you go and have a chat with them? Because I don't want to do it". Those days are gone. You really have to be well trained and know how to manage it. It's the balance of the sensitivity with also the practicalities of it all as well.

Look, nobody ever wants to be in these circumstances, but the reality is they arise, and you need to be prepared.

Christine:  Brilliant. Thanks very much. And thanks, everyone, for joining in with their polls. They're really helpful to know where you're coming from.

Seamus, we have a new law to discuss. Do you want to take us through what changes are coming on 6 April with regard to miscarriage leave and pay?

Seamus: Yeah. The position is that we have the Parental Bereavement (Leave and Pay) Act (Northern Ireland) 2022, and what we have happening then from 6 April 2026 . . . So that's the key date. It ties in with the new tax year and everything else that comes along with it. So Northern Ireland is going to be the first jurisdiction, and we don't often be in a position to say that at all, but we're going to be the first jurisdiction to ensure that there's statutory parental bereavement leave and pay.

How does that apply? What does it apply to? So it applies to miscarriage, it applies to stillbirth from 24 weeks onwards, and it applies to the death of a child under 18. That is what is encapsulated in the bereavement leave and miscarriage leave. So it's just not about miscarriage. It's about a child under the age of 18.

And I suppose the first bit of commentary on that is that . . . I'm thinking back to the polls. The legislation is drafted very broadly, and it sits on the side of the employee. It does, I think, still leave some gaps for the employer as to what you do and what you can't do, what you can say. Things around notice periods and things like that are all quite complex.

I'm really pleased. And of course, the Labour Relations Agency are going to be on the ball in relation to this one, and we're going to get some firm guidance.

There already is guidance in place around . . . just looking at it here . . . parental bereavement leave and pay. And there's a frequently asked questions document, an FAQ, from April 2022. Maybe this is the document that's being updated that they're going to bring along. But you'll get a general gist from it around where things are going ahead.

We have our new background to it, and we've covered it on our previous webinars, in relation to the Good Employment Bill coming through. We know that the direction is certainly moving towards family-friendly policies. So this is really the start of what I think that we'll see.

And certainly, the undertones of all of this are that it's not about bringing in a complex position for the employee. In fact, it's the opposite. It's bearing in mind that the employee is going to be going through a difficult, challenging period, and particularly one that is not going to be sort of punitive or is going to result in the employee having to answer a lot of questions and jump through a lot of hoops.

So really, what we're going to have is the position where a woman or her partner around miscarriage will be entitled to two weeks of paid leave that you can take over the 56-week period after the loss. And you can either take that in two single-week blocks or, alternatively, as one fortnight-long block. That's the measure of it.

Now, I suspect that that is the legal position on it. I think employers will have some discretion around maybe an employee that is going to say, "Look, I maybe want to look at approaching this differently". Maybe I'm a part-time worker, and I'd like to take my leave in maybe in a different way, or, "This is what I'm going to need because it's not just about me. It's about maybe supporting other people in my family, and things like that as well. And I don't want to have to use my holidays".

So I'd be interested to see when the guidance comes along what it says about that, but certainly the legal position, the legislative position, is it's two weeks. You either take it as two separate weeks or as one block of two weeks.

And the entitlement is also available to the person who would have been the biological or intended parent of the child. So it includes mother and it includes father, and it potentially then includes the partner of mother as well in relation to that.

My understanding of it is . . . and I think that there may be some discussions still going on around it, but my understanding is that the pay that you're entitled to will be either £194.32 per week, or 90% of your individual weekly earnings, whichever is lower. So you're capped there at £194.32. It's not great.

I think where we're at, at the minute, in relation to where wages and salaries are at, and then you factor in our lovely position around how much everything's costing and the crisis there, and then these other things that are coming down the line, we were talking about home heating oil and everything like that, and everything else, it's not a big amount of money. But what it is, is better than what the position has been previously. And at least it provides room and space for someone to take the time and know that there's going to be some form of payment in place there.

It is going to be a Day 1 entitlement, Christine, in relation to that. So the previous position of 26-week qualifying period, that's been removed within this new legislation. It's a Day 1 right for coming in.

I could anticipate issues arising of maybe an employer saying, "Well, you only started your employment with me today". Maybe your loss was six months ago, but you're still within that window, and issues arising around it.

Interestingly, and really importantly, and I think this is the potential for tribunal claims coming down the line, is that the employer is not entitled to any personal information or medical information around the claim that has been made for the leave. The employee only needs to inform their employer that they've had a loss and that they wish to take bereavement leave. So you can't start asking for medical GP sign-off or notes and records or anything like that.

And the way that that can be done, the legislation is clear that it can be done in the form of a written self-declaration that the employee meets any eligibility criteria, which is going to be confirmation of the name of the person claiming the leave and the date that the miscarriage occurred, or that you're discovered to have occurred, or when the woman experienced it, essentially. That's the threshold, and that is it.

You can imagine maybe sceptical employers out there. And it's hard to raise this during it because it is such a sensitive piece of legislation and discussion. But as a lawyer, I do wonder will there be people coming through and saying, "Well, look, I am sceptical about this. This is something that I have no proof of"? That's where I think you get into some legal difficulties around it.

I think that we need to be clear that there isn't a position where you have to request medical evidence or medical support or cite any documentary evidence around the loss of the miscarriage. Essentially, if the employee is telling you that it's happened and makes that declaration, that's as far as it goes.

Christine:  Yeah, and it's correct that the £194 per week is paid by the employer. That's not back in the good old days when the government used to intervene and pay some of this stuff for employers. It falls on the employer, doesn't it?

Seamus: The employer has to make the payment, yes. There is some discussion in some of the documentation around assistance that maybe certain employers can get from HMRC around it, but certainly as a first port of call, it absolutely has to be paid by the employer, and it's a cost that has to be carried in relation to it.

That isn't any kind of celestial light behind me, by the way. It is just the very oddness of sunlight happening in Northern Ireland at the minute. So hopefully that will pass shortly.

The other interesting thing around this is the definition of miscarriage that they set out within the legislation, again, sensitively and really what we would think about. But it does say that under the new legislation, employees who experience a miscarriage, and that's whether through spontaneous loss or medical interventions necessary for health reasons, will also be entitled to parental leave and policy.

I think that the mind stretches to employers again asking questions, wanting to know background and details. I think it's a dangerous territory to get into in relation to that.

But it also says that it applies to those who have a defined connection to the woman who's experiencing miscarriage, such as their partner. And that may well be someone that lives in the household, somebody that doesn't live in the household, somebody that's outside of the household. It could be a husband or a wife or anybody else that comes along with it as well.

So it's this broadness, I suppose, of the legislation. Be careful not to dip your toe into areas that you shouldn't be asking or overcomplicating matters. It does seem to me that the legislation is written in such a way that it's not to put a burden onto the employee that's maybe going through a very difficult and challenging time in life and not to add to that.

Just around the benefits of the new legislation, the legislation acknowledges miscarriage is a bereavement and not an illness. And I think that is new. Before, automatically there was a Statutory Sick Pay view taken maybe by employers, but it's not considered an illness. It is a bereavement.

The hope is that you get to provide this consistency and clarity for both your employees and for employers. And it will give employees who've suffered a miscarriage space to heal, and it reduces the pressure on employees to return to work too soon or too quickly, because there can be ramifications that happen further down the line and issues that arise within the workplace. And I think it's that forward-looking legislation that supports compassion and inclusive workplace cultures and that aspect of it.

I suppose just bringing it back, then, to the business impact and you talking there about the costs and everything else, and maybe just thinking about that poll question around the balance of compassion versus that we've got a business to operate and run, I think we all know and we're all aware of the benefit of those sort of family-friendly policies that have come along and almost the expectation that there is now in relation to that. If you're a workplace that supports that and has a written policy and can quell anxieties around that for employees, we look at all of that aspect.

What some of the guidance has said is that employers may wish to consider adopting aligned pregnancy loss policies across jurisdictions, clearly distinguishing between statutory entitlements and enhanced employer benefits, and building flexibility into policies to accommodate future legislative reform.

We know what's coming down the line with the Good Bills policy too. So this is a good exercise, I think, to shift the brain, shift the workplace into that way of looking at things.

Most employers that I know and that I deal with, there's always a level of compassion around these difficult and sort of strenuous issues. But also, I see the other side of it where it can result in a breakdown in relationship between an employee and employer.

So it is just about, I think, always having a clear policy and applying it uniformly and consistently, bearing in mind that you do need some flexibility around it as well.

And particularly on a wider scale for bereavement, you're always conscious that some of the public sector policies will say, "You get so many days for a mother, father, sibling, husband, wife, or partner", and then you combine the steps of it. You can't just apply it that way because you could have a cousin that you're even closer to maybe than a sibling, at the end of the day. It's about having good lines of communication and being able to have those discussions with people.

Christine:  And Seumas, you mentioned that miscarriage is not defined as an illness. It's defined as a bereavement. But that doesn't mean to say that somebody who goes through a miscarriage, benefits from the miscarriage leave and pay, can't then go be sick then because they're maybe dealing with the physical things that have happened, the mental health issues around it. So they could move into sick pay after the miscarriage leave, yeah?

Seamus: Yes. Absolutely. I suppose it's similar to when you look at the discriminative aspects and maybe the protected heads of discrimination. It's like if you have alcoholism or a drug addiction. That's not covered for within the protected characteristics, but the symptoms of those are. And again, I would imagine the symptoms of grief in general or of miscarriage or loss of a child under 18 will manifest themselves into sick and illness and an inability to return to work.

That's sort of where the unfairness of the whole thing comes along, Christine, really, because if you're working for a company that pays Statutory Sick Pay in comparison to a company that maybe pays 12 weeks' full pay in these circumstances, to working in the public sector where you might be able to get the benefit of up to 6 months' full pay and then 6 months' half pay after that, there isn't an equality in relation to it, but we all need to know where we stand.

And certainly, whenever these things happen, and they generally happen out of the blue, they happen very quickly, it's about having your policy in place and your training in place so that your managers know how to step in to deal with these things.

They're challenging and they're difficult, but if there's a fallout and the relationship sours because of these issues that arise, that's what the tribunal are going to be looking for. They're going to be saying, "Well, what was your policy? How did you train your managers? Was it a policy in a filing cabinet in a drawer that nobody ever talked about? Was it refreshed? Was the training kept up to date? How often was this talked about in the workplace? Were you just waiting for this to happen and hoping that it never happened?" and all of those sorts of things. So it's the same process, really, that all the direction of everything is moving.

Christine:  And with the policy on miscarriage leave and pay, because it is quite open, what would you actually include in it then?

Seamus: Yeah. I mean, I think that the policy itself, you need to set out a clear pregnancy loss policy if we're dealing with the miscarriage aspect of it. I think in relation to that, the types of things that I would be looking at would be that you'd be looking for a dedicated policy that helps the employee understand what their rights are and takes away and removes that uncertainty that they're going to have.

I think probably the elements are that you need to clearly distinguish, again, between statutory entitlement versus any enhanced company entitlement so employees know what it is that they get.

You need to be clear that it covers miscarriage, stillbirth, neonatal death, fertility treatment loss as well, but the threshold of the 24 weeks.

Generally, if there's fertility treatment going on and there is pregnancy going on, an employer will know at some point that it's happened. Fertility, maybe you know earlier because the employee will anticipate that they need time off or even that you might have a benefit scheme that helps along with the cost of fertility within your organisation. It's the knowledge aspect, but it's using that knowledge sensitively.

Explain how employees can notify HR and their managers of a pregnancy or of a loss or what happens. To this day, you still get people that say, "Oh, I'm really nervous I have to go and tell my boss tomorrow that I'm pregnant, and they're going to kill me". You still hear about it.

Christine:  Been there, yeah.

Seamus: Yeah. Confirming also that the self-declaration is sufficient and that's all that is required under law, I think that's important, and that's going to take a lot of the stress away from an individual.

And also, just setting the expectations around confidentiality and that respectful communication. I suppose the confidentiality bit is important, and it's maybe just about having that aspect within the policy of, "We can have a conversation about it, and within that conversation, we can talk about what you want us to communicate in the workplace about your absence". That's up to the individual. Some people are intensely private about these things because it is such a sensitive matter, and others are a bit more relaxed in relation to it.

Typically, if somebody's absent, there are all those questions. "What's wrong with them? Where are they?" And panic mode sets in. Do I need to contact them? Does the employee want to hear from their colleagues? Would they rather just have the space and time not to hear from them? And that can be communicated on a wider basis.

I think that you definitely need training around responding compassionately, responding with empathy and without judgement, avoiding the intrusive questions about medical details, respecting the employee's privacy, understanding the legal entitlement. I think these are all really important training points. And when the manager knows to involve HR or your wellbeing service that you might have the benefit of in the workplace as well.

I think simple guidance around it is sort of . . . some of the stuff that I've read, there are three general bits: acknowledge the loss, offer your condolences, and ask the employee how they would prefer the work communication to be handled. I think that's the important thing to do.

Christine:  Yeah, and I think the Legal-Island eLearning goes into detail about things not to say as well, which I think is helpful. I think there's a tendency, and it's coming from a good place and maybe nervousness, to say the wrong thing, kind of, "Well, they've gone to a better place", or something like that, and you think that's a nice thing to say, but actually this person is really devastated by a loss.

Or around pregnancy, kind of asking too many questions and, "Well, at least you know you can have a baby now", is kind of something that you hear people say. They mean it from a good place, but it could actually . . . it's very upsetting to hear.

So the training goes into that, and I think that it will be really useful to have a look at that.

But is there anything else you would suggest, Seamus? Things to do or things to avoid?

Seamus: I think some other things are that employers can come at it from a supportive way. You might have the employee assistance programmes that you have in place. You might be able to facilitate some form of counselling service for the employee, or signpost them, at least, to other organisations.

Peer support and employee networks and things like that. I know that during maternity leave . . . Mumsnet is a really popular website that's used. I'm being honest about this, but I don't know if there are other kinds of support networks out there for that.

But I think even just as part of that training process, to make sure that your managers are alive to some of those things and that it's not a panic of, "Oh, God, what do we do? We don't know anything about this". I think it's being on the ball in relation to it.

I think around the privacy and the confidentiality, it is such a sensitive subject, and even an employee that you know really well mightn't react in the way that you've anticipated that they're going to react. And they might come back into work and be okay for a couple of weeks, and then things might unravel further down the line in relation to it. So you've got to be prepared.

Around the privacy and confidentiality bits, I think you need to limit the knowledge of the situation. It's only those that need to know should know. And speak to the employee about who do they want to know what and how that's going to be communicated. It's sort of avoiding your accidental disclosures and ensuring that your HR systems can handle the information sensitively so that you're maybe cutting down on the access, password protected, those sorts of things. Obviously, the records need to be kept.

But I think that aspect of that sort of inclusive culture around pregnancy loss is important, and you can do that by having pregnancy awareness and wellbeing initiatives.

I've heard of this pregnancy yoga and classes that could be put on in workplaces in and around that, and just making it inclusive for people.

Again, training HR and leaders on sort of reproductive health issues. And that sounds so broad, but there is an element of knowledge that is needed and required, particularly for anybody that's going through fertility treatment as well.

But encouraging that sort of respectful language and then ensuring that your policies include all types of parents, not just the traditional sort of family unit that you would think of but intended parents and partners and things like that as well. I think that reduces any sort of stigma around employees seeking help from their employer if they know that there is an open door that they can go in and speak to.

Christine:  We've got a question here, Seamus, interested with how the relationship test is going to be defined. So let me see. "I understand partners will also be eligible to avail of the leave in the event of a loss. What if both parties have split up? Is the ex-partner still eligible to avail of the leave?"

Seamus: Essentially, yes. I mean, it's broad. So essentially, yes. And there may be a new partner that's on board as well, or a situation that's maybe been bubbling in the background. These things do happen, but it does seem to me that it is broad enough to include the partner. It could be an existing or former partner. It's as broad as all of that is.

Christine:  More questions coming in.

Seamus: I think until we get some clear guidance, a cautious approach is the better way to take. But hopefully more guidance is imminent.

Christine:  So, cases of miscarriage and pregnancy loss can be devastating for an individual, and of course employers should be sensitive and empathetic to each individual's circumstances and offer support. However, without a requirement for evidence, do you feel that this right to leave is now open to some abuse from staff who have not experienced loss? And is there a way employers could manage this?

I think that's what we were saying, Seamus. This is so difficult. I certainly wouldn't want to be the manager going, "I don't believe that you've suffered a loss". I mean, it makes me want to . . . just even the thought of it. But there is always going to be that suspicion, isn't there?

Seamus: Yeah, I agree. I think there is . . . when you assess it, there's risk in relation to the legislation from both sides, really. Where you don't want to be at is that if it's pushed and the employee resigns, and through a discovery process they disclose notes and records that show that there was a miscarriage. I think when you get to tribunal, the sympathy levels are going to be extremely low because the legislation does not require it, and there's an element that we have to live with it. That is what the legislation says.

I couldn't fault the person for asking the question because it still crossed my mind in relation to it. Of course it did. And I'm anticipating what might come down the line or what might come across the desk. It could be a frustrating point for an employee.

I can imagine case law developing in relation to this, Christine. I just wouldn't want to be the first one that has to deal with it.

Christine:  Yeah, and I know that we've all heard a friend of a friend's stories of employees whose granny has died three times in the past two years or whatever, but I think those are definitely the exception to the rule. I think most people, 9 out of 10 times, it's going to be accurate, isn't it? So that's what the legislation is covering. Unfortunately, the onus is on the employer to trust, really.

Another wee question here, Seamus. Is there any requirement that the employer knows that the employee was pregnant to be able to take the leave?

Seamus: Not necessarily. I mean, that 24-week period in relation to if there's a stillbirth from 24 weeks, or alternatively, a miscarriage could have happened before the employee was in a position to confirm the pregnancy. So there doesn't appear to be.

The other thing that I thought that just might be important to say is in and around the right of the woman or partner to take 2 weeks of paid leave and to take that over a 56-week period after their loss. One of the questions I had was around what is the notice for that? What does an employee have to say to their employer?

I looked it up just in the Labour Relations Agency frequently asked questions document. Now, this may change with the updated guidance, but I think this is important to highlight.

It says that whenever the employee is intending to take the PBL, as they call it, the Parental Bereavement Leave, they must give their employer notification of the date of the child's death, the date in which the employee chose the leave to start, and whether the employee intends it to be the one-week or the two-week block.

And it says there's no requirement for the notice to be in writing. Oral notice is sufficient to trigger the entitlement to leave. The notice of leave an employee must give to the employer depends on how long the child's death parental bereavement leave is due to start.

If it's within the first 56 days, that's the first 8 weeks after the loss, the notice period is minimal, and the employee must notify the employer before the time they are due to start on the day they want the leave to begin. So it can be pretty much imminent.

If you're seeking to take it after the 56 days, so 8 weeks, then between Weeks 9 and 56, you have to give at least 7 days' notice of the intention to take it.

So pretty much if it's within the first eight weeks, and I would anticipate that that's probably going to be the position most of the time, there's no notice period really that applies. It can work from the day that you provide the notice. And again, it only has to be oral. It doesn't have to be in writing. And then after 9 to 56 weeks post the loss, it's 7 days' notice then in relation to that.

I would imagine that if somebody's coming along, at that point it's out of necessity that they feel the need to take the leave. And there might be questions around, "I can't give you seven days. I'm just going to go out on sick instead". I can maybe forecast and see that happening.

Christine:  Brilliant. And another question. They're coming in thick and fast now. So the entitlement starts 6 April, but can the pregnancy date back to before that?

Seamus: It seems to me that it can. We had just maybe talked about that beforehand, and it seems to me that . . . And to come back to that sort of sceptical aspect of it and the question around it, but it does seem to me that you don't have to be in your employer's employment to avail of it if it has happened previously.

I think that rings a sound with me if you think around maternity leave, and if you're made redundant during a maternity leave period, the employer still has to pay your maternity pay as a result of that. And I can see the difference because you're in the employment at that point, but it would seem to me that the leave, because it's a Day 1 right, it might just carry over into any new employment then as well.

Christine:  But I suppose, as well, does it only apply to pregnancies that are confirmed after 6 April, or if somebody says to you today, "Oh, I'm pregnant", and then they suffer a loss after 6 April, would it apply to them?

Seamus: It only applies from 6 April going forward.

Christine:  From 6 April going forward, okay. So are grandparents entitled to this leave? 

Seamus: Not that I'm aware of. I don't see anything in there. It's only in relation to the person that's affected directly by the loss, the mother or the partner, and whatever definition we provide to the partner. But it doesn't appear to me to apply to grandparents. There's nothing in the legislation about that.

Christine:  But I suppose maybe that the bereavement leave might. That's when it starts to all crisscross over each other a little bit.

Seamus: Absolutely. Potentially you can have someone to come along to say, "I want to take bereavement leave". And again, I would exercise caution around that, I think. Take a safe approach.

Christine:  Yes. So can they take the leave at any point, e.g., their two weeks' leave before they then go into two weeks' annual leave, which is already planned?

Seamus: They could, yes.

Christine:  Yeah, I think we're coming down on that employers have to basically toe the line a wee bit. And does this apply to casual workers as well?

Seamus: Yeah, I believe so. It's a Day 1 right, so there's no requirement. It's an interesting question. I probably would need to go back just to double-check on that, but my understanding is that it applies to workers as well as employees.

Christine:  And I'm going to make this the last one. There are so many questions coming in now, but I'll make this the last one. Can I clarify, if an employee has had a miscarriage around 15 months ago, are they entitled to apply for this miscarriage leave now? So when the new law comes in in April, can somebody who has suffered a miscarriage previously avail of it?

Seamus: My understanding is that it only applies from when the legislation going into force. There's no sort of retrospect element to it. It's as of and from the 6 April going forward.

Christine:  Sixth of April going forward. Brilliant. Thank you all so much for your questions. I can still see them coming in, but we have one minute left to go, so I'm going to wrap up.

So my takeaways from this session. If you take nothing else away, if you do nothing else, update your policies. This paid miscarriage leave is going to be enforced from 6 April, next month, so get your policies up to date now.

Secondly, compassionate, consistent bereavement support depends as much on confident, well-equipped managers as it does on written entitlements.

And finally, the third takeaway, embedding empathy into workplace culture through training, clear processes, and open communication, remains the most effective way to support your employees during some deeply personal losses.

So miscarriage leave and pay is not the only big change that's coming to Northern Ireland on 6 April. Sickness absence law in Northern Ireland is also changing, and employers need to act now. So, from April 2026, new Statutory Sick Pay rules will change how sickness absence is managed day to day.

Alongside this, as we've just been discussing, Northern Ireland is leading the way by extending statutory rights to miscarriage, creating real legal and practical risks for employers who are not prepared.

But luckily, Legal-Island has an event on just this topic. Join us online on 19 March to get up to speed on what you need to do now to make sure your organisation is compliant, prepared, and ahead of the curve before the law changes. I'm chairing that event, so it'll be lovely to see you all there.

Seamus and I are going to be back in May, I believe, with our next Employment Law at 11. But if you miss us, you can always catch up with us on Spotify, Amazon Music, or Apple.

And if you'd like to get in touch with us, you can always give us a shout on LinkedIn. Give us a search and add us to your network, and we can always have a chat on LinkedIn.

So, all that really remains to be said is thank you so much, Seamus, for coming along again today. Thank you to everyone who submitted so many questions. I'm sorry I didn't get to them all, but thank you for joining in. Have a lovely weekend, and we'll see you all again soon. Thanks, everyone.

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