Released 3rd March, 2010|5,028 Views

Under the law, if your baby is born dead before the end of the 24th week of pregnancy, it is called a miscarriage.

If your baby is born dead after the 24th week of pregnancy it is called a stillbirth.

If you have a miscarriage, you will not be entitled to maternity leave or pay.  You should take sick leave for as long as your GP signs you off sick.

Sick leave for a miscarriage may be protected in the same way as sick leave for a pregnancy related illness, if so you are not limited in how much you can take and it must be recorded as such and does not count towards your sickness record. Even if it is not protected in the same way, employers have to treat you fairly and case law suggests that it is unlawful to dismiss someone for an absence directly caused by miscarriage.

Your sick pay (including Statutory Sick Pay) will be paid in the same way as for any other employee, and you may be only paid it for a certain amount of time.

For sick pay you are entitled to what your employer offers any employee who is on sick leave.  Your employer may offer you contractual sick pay, or just Statutory Sick Pay.  If you do not earn enough to claim Statutory Sick Pay or your Statutory Sick Pay runs out, then you may be entitled to Employment and Support Allowance.  Check with your Jobcentre Plus office.