Debate contribution: Parental Bereavement Leave and Pay (Miscarriage) Regulations (Northern Ireland) 2026

Debate contribution by Dr Caoimhe Archibald on 24 March 2026.

MLA

Dr Caoimhe Archibald

Party at the time

Sinn Féin

Date

24 March 2026

Type

Debate contribution (made as a minister)

Business

Executive Committee Business

Heading

Parental Bereavement Leave and Pay (Miscarriage) Regulations (Northern Ireland) 2026

Assembly identifier

Official Report component 5463653

Read the official Assembly record

Text

I beg to move

I seek the Assembly's approval for the Parental Bereavement Leave and Pay (Miscarriage) Regulations (Northern Ireland) 2026. The regulations aim to support parents who suffer pregnancy loss through miscarriage. They build on the Parental Bereavement (Leave and Pay) Act passed by the Assembly in 2022. That legislation gave working parents the right to two weeks of paid leave following the death of a child under the age of 18 or a stillbirth after 24 weeks of pregnancy. That right was subject to a qualifying period of 26 weeks in continuous employment. From April 2026, the amount will be £194.32 per week or 90% of the employee's earnings, whichever is lower. The intention of the legislation was to make it easier for parents to take time off to grieve and support each other during a really difficult time. As the then Chair of the Economy Committee, I included an amendment that required that right to be extended to parents bereaved through miscarriage. I also put forward an amendment that meant that parental bereavement pay and leave would become a day-1 right. As Economy Minister, I am proud now to give effect to those requirements. The North of Ireland will be the first region in these islands and will lead in Europe in legislating for parental bereavement leave and pay in cases of miscarriage. It is estimated that over 9,000 employees per year are affected by a miscarriage experienced by them or their partner. Those people will now have the right to claim parental bereavement leave and pay. Importantly, the policy and regulations require only a declaration of entitlement. Requiring parents to provide medical evidence at such a distressing time would be insensitive and would add an administrative burden to an already stretched health service. This compassionate approach aligns with the rights available under the existing parental bereavement leave and pay provisions. It should also be noted that the rights will be available to the employed partners of women who experience a miscarriage, whether they are the biological parents or intended parents, including those in surrogacy arrangements, and regardless of the partner's gender. It is my intention that employees who experience miscarriage will have the same rights to parental bereavement leave and pay as are currently available to employed parents in cases of child death and stillbirth. The leave and pay entitlements may be taken at any point within the 56 weeks of the date of the miscarriage or the date on which the woman becomes aware of it. The entitlement may be taken as a single block of two weeks or as two separate blocks of one week. That flexibility recognises the fact that grief does not follow a fixed timetable. As for how the right will be funded, small and medium employers can claim back 109% of what they pay out. That means that they are fully reimbursed and receive a small extra amount to cover their administrative costs. Larger employers can recover 92% of the payment, meaning that they cover only a small proportion. The system is the same as that used for other family-related statutory payments, so the process will be familiar and predictable for employers. The extension of parental bereavement leave and pay to include miscarriage is estimated to cost a maximum of £3·5 million per annum. In addition, system changes to the HMRC statutory payments framework are estimated at £1·6 million. Those costs will be borne by my Department. To support employers in providing the new right, my Department has worked with HMRC to provide update guides, calculators and forms to support decision-making and record-keeping obligations. The Labour Relations Agency is developing a comprehensive step-by-step presentation for employers that will offer guidance when introducing the new right or when circumstances require its application. Updates to nidirect and Invest NI web pages are forthcoming for both employees and employers to help them to navigate the process effectively. The enhancements also include improved pathways to signpost further support for parents who face such tragic situations. I recognise the people who gave such compelling testimony when I was Chair of the Committee for the Economy as to why the rights in the 2022 Act should be extended to parents bereaved through miscarriage and who helped to shape this legislation. I also thank the Committee members who supported my amendments at the time — Stewart Dickson, Sinéad McLaughlin, Mike Nesbitt, Matthew O'Toole and John O'Dowd — and all the Assembly Members who voted for these amendments to be part of the legislation. The policy underpinning the regulations was shared with the Committee for the Economy on 28 January 2026, and the regulations were formally introduced for scrutiny on 20 February. I am grateful to the Committee and the Examiner of Statutory Rules for their careful consideration and engagement. The change to make parental bereavement leave and pay a day-1 right will be enacted by separate regulations to be made under the confirmatory process, with all the changes taking effect together for new cases on 6 April. These regulations introduce miscarriage as a new ground of entitlement for parental bereavement leave and pay, ensure parity with existing entitlements for child death and stillbirth and embed compassion, dignity and flexibility at a time of profound loss. I commend the regulations to the Assembly for approval.

887 words. Text as published by the Northern Ireland Assembly.

Assessment

Not qualifying

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Assessed 21 October 2026 at 15:16 UTC by jev-1.13.0 (requested as typesafe/jev) under rubric 2026.10-r9, methodology 1.9.

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