Miscarriage and stillbirth

Sickness absence relating to the loss of a baby due to a miscarriage before 24 weeks of pregnancy must be treated in the same way as any other pregnancy-related sickness. Treating a woman unfavourably because of her miscarriage would be unlawful (pregnancy discrimination).

A woman who has a stillbirth after 24 weeks of pregnancy is entitled to protection from pregnancy and maternity discrimination (see Chapter 2) and to maternity leave and pay (see Chapter 6) in the same way as if she had a live birth.