Madison has experience dealing with both contentious and non-contentious employment law matters. Madison advises a range of employers across various sectors on all aspects of employment law. Madison’s practice area includes advisory work and corporate transactions.
Stay ahead of the curve with our exclusive Q&A series, brought to you by leading law firm, Arthur Cox, LLP, designed to answer your most pressing legal questions. These expert insights provide clear guidance to ensure your HR practices remain compliant and protect your organisation.
This month's question:
What is the new miscarriage leave coming in for Northern Ireland in April 2026?
From the 6th April 2026, if an individual suffers a miscarriage then they and their current partner or spouse (or certain other persons stated in the legislation, which we have noted below) will each be entitled to take two weeks of statutory miscarriage leave. The two weeks of leave will be able to be taken at any point within 56 weeks of the woman experiencing the miscarriage becoming aware of it. The leave can be taken either as a two-week block or as two separate one-week periods of leave and it is expected that the statutory miscarriage pay will be the statutory rate of £194.32, from 6th April 2026.
The implementation of the new legislation will extend the scope of parental bereavement leave, which at the time of writing is only available for parents who experience a stillbirth after the 24th week of pregnancy. The way in which the new legislation will extend the scope is by removing the existing 6-month qualifying period and instead implementing parental bereavement pay and leave entitlements as a day one right. This means that individuals who experience a miscarriage at any stage of the pregnancy will be entitled to the statutory leave and pay.
As noted above, it is not only the mother who will be entitled to the statutory leave and pay. An individual, other than the mother, will also be entitled if one of the following applies regarding their relationship with the mother:
• the person would have been the biological or intended parent; or
• the person is the current partner of the mother.
It should also be noted that the individual seeking to take the leave will not be required to provide (and accordingly, employers should not request) any intrusive evidence, such as medical evidence, of the loss of the child. Rather, an employee will be able to self-declare the loss to their employer. Whilst the changes are not expected until April 2026, employers can start preparing now by reviewing current policies.
This article was provided by Madison Bowyer, an Associate in the Employment Law Group at Arthur Cox NI.
T:+44 28 9026 5886
E: Madison.bowyer@arthurcox.com
https://www.arthurcox.com/
Continue reading
We help hundreds of people like you understand how the latest changes in employment law impact your business.
Please log in to view the full article.
What you'll get:
- Help understand the ramifications of each important case from NI, GB and Europe
- Ensure your organisation's policies and procedures are fully compliant with NI law
- 24/7 access to all the content in the Legal Island Vault for research case law and HR issues
- Receive free preliminary advice on workplace issues from the employment team
Already a subscriber? Log in now or start a free trial