Northern Ireland Introduces New Paid Leave Laws for Miscarriage

by Ahmed Ibrahim

Northern Ireland has introduced landmark legislation granting paid leave after miscarriage, a move hailed by campaigners as a vital step in recognizing the profound grief of bereaved parents. The new laws provide two weeks of paid leave for both the woman and her partner, aiming to dismantle a long-standing workplace culture that often pressured grieving parents to return to their duties almost immediately after a loss.

The policy is expected to provide immediate support to an estimated 9,000 parents in Northern Ireland affected by miscarriages each year, with an anticipated annual cost of approximately £3.5 million (£3.5m). By formalizing this period of absence, the legislation seeks to protect employees from disciplinary actions related to sick leave and provide the mental space necessary to process trauma.

For many, the change is not merely about financial support—which is set at the statutory level of just over £194 per week, or 90% of weekly pay if lower—but about the legitimization of a loss that has historically been shrouded in silence. The regulations build upon the Parental Bereavement Leave and Pay Act passed by the Stormont Assembly in 2022, which previously covered the death of a child under 18 or stillbirths after 24 weeks of pregnancy.

Breaking the Cycle of ‘Getting On With It’

The psychological toll of returning to function prematurely is a central driver behind the new laws. Selina Casey, a qualified psychotherapist and founder of The White Butterfly Foundation, notes that society has traditionally dictated that those experiencing miscarriage should simply “get up and get on with it.”

Breaking the Cycle of 'Getting On With It'

Casey, who founded her organization in June 2024 after losing her third son to miscarriage, describes the mental impact of this expectation as “shocking.” She recalls a conversation with a woman who lost her son 38 years ago and never had the opportunity to process that grief because of the societal pressure to move on quickly.

Selina Casey described the new legislation as ‘crucial’

The White Butterfly Foundation, based near the village of Portglenone in Co Antrim, was born from a moment of personal symbolism. In June 2021, while coping with her loss, Casey was visited by a white butterfly in her garden. She discovered that in Irish tradition, white butterflies were once viewed as the souls of departed children. This “soft and sensitive” inspiration led to the creation of a sanctuary that now provides counseling to more than 100 women and delivered over 1,000 therapy sessions last year.

The White Butterfly Foundation.
The White Butterfly Foundation has a display of hand-crafted ceramic tiles, each one honouring a baby lost to miscarriage

Inside the foundation’s pastel-colored office, the reality of this loss is visualized through hand-crafted ceramic tiles, each paying tribute to a baby lost. Casey emphasizes that the new paid leave after miscarriage in NI is a “welcome step” that protects parents—especially those suffering from recurrent pregnancy loss—from being penalized in the workplace for their grief.

The Critical Role of Partner Support

A significant pillar of the new legislation is the entitlement of the partner to take paid leave. Advocates argue that miscarriage is a shared loss that can either bond a couple or drive them apart if their grief is “misaligned” due to differing workplace requirements.

Erin Sharkey, a primary school teacher from Antrim and volunteer with the Miscarriage Association, shared how the lack of partner leave compounded her own trauma. Sharkey suffered four miscarriages before eventually having three children. During those losses, her wife, Rachel, was not entitled to time off, forcing her to return to work while Sharkey remained in emotional turmoil.

Headshots of Erin Sharkey and her wife Rachel
Erin Sharkey and her wife Rachel, who was not entitled to take any time off to facilitate her cope with the loss of children

“It affects both partners and it affects your relationship as well,” Sharkey said, noting that her wife was often asked how Erin was doing, while her own grief remained unacknowledged by colleagues. “If she had been at home with me for two weeks it would have reduced my trauma significantly.”

The legislation recognizes that partners deserve time to process their own loss, rather than serving solely as a support system for the mother. This inclusive approach is intended to prevent the emotional drift that can occur when one partner is forced to “move on” faster than the other.

Understanding the New Leave Framework

The new regulations are designed for accessibility, removing the bureaucratic hurdles that often discourage bereaved parents from seeking help. The following table outlines the key parameters of the new entitlement:

Summary of Miscarriage Leave Rights in Northern Ireland
Feature Provision
Duration Two weeks of paid leave
Eligibility Available from the first day of employment
Flexibility Can be taken as one block or two separate weeks
Timeline Must be taken within 56 weeks of the miscarriage
Requirement Notification of employer (no medical evidence required)
Payment Statutory level (approx. £194/week) or 90% of weekly pay

This framework places Northern Ireland in a distinct position compared to the Republic of Ireland and the rest of the UK, where paid bereavement leave is generally restricted to stillbirths occurring after 24 weeks of pregnancy.

Addressing the Gap in Paternal Care

While the legislation provides a legal safety net, the emotional support infrastructure for fathers and birthing partners remains underdeveloped. Selina Casey is currently leading discussions to develop bespoke counseling specifically for men.

“I think there’s a lot of room for work whenever it comes to fathers because they are highly, very often forgotten about in this scenario,” Casey said. She has called upon fathers and birthing partners to share their experiences to help shape services that meet their specific needs, acknowledging that the “right thing” for men’s grief may differ from traditional models of therapy.

White Butterfly Foundation
The charity’s name was inspired by an encounter in Selina Casey’s garden

Disclaimer: This article is for informational purposes and does not constitute legal or medical advice. For specific legal guidance regarding employment rights, please consult a qualified legal professional or the official government guidelines on bereavement leave.

As these laws take effect, the focus now shifts to the implementation phase within the private and public sectors. The next critical checkpoint will be the monitoring of workplace compliance and the assessment of how these rights are being integrated into corporate HR policies across Northern Ireland.

We invite you to share your thoughts on these changes or your own experiences with workplace bereavement support in the comments below.

You may also like

Leave a Comment