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

Amendment to the Parental Bereavement Leave (No. 2) Regulations N.I.

4.—(1) The Parental Bereavement Leave (No. 2) Regulations (Northern Ireland) 2023(1) are amended in accordance with paragraphs (2) to (6).

(2) In regulation 2 (application), after “6th April 2022” insert “and to cases where a woman experiences a miscarriage and becomes aware of it on or after 6th April 2026”.

(3) in regulation 3 (interpretation)—

(a) after the definition of “C” insert—

““the first day of bereavement” means—

(a)

the date of C’s death, or

(b)

the date that S experienced the miscarriage or became aware that she had experienced a miscarriage.”;

(b) in the definition of “intended parent” before sub-paragraph (a) insert—

“(aa) but for the occurrence of a miscarriage, would have intended to meet the requirements of sub-paragraphs (a) and (b);”;

(c) after the definition of “relevant domestic authority” insert—

““S” means a woman who has experienced a miscarriage;”.

(4) After regulation 4 (entitlement to parental bereavement leave), insert—

Application of entitlement to parental bereavement leave for cases of miscarriage

4A.— (1) Chapter 4 of the 1996 Order (Parental Bereavement Leave) and regulations under it, including these regulations, apply to a woman who has experienced a miscarriage as they apply in relation to a bereaved parent as set out in that Chapter with such modifications as are specified in these regulations.

(2) For the purpose of these regulations, it is to be determined that a woman has experienced a miscarriage if either of the following conditions are met—

(a) the woman has experienced spontaneous loss of a pregnancy before the completion of 24 weeks of gestation; or

(b) the woman has experienced the loss of a pregnancy because of a medical intervention following assessment by a medical professional, that was necessary to protect the physical or mental health of the pregnant woman, or to address a fatal fetal abnormality or a severe fetal impairment.

(3) Chapter 4 of the 1996 Order (Parental Bereavement Leave) and regulations under it, also apply to persons who satisfy one of the following conditions as to their relationship with the woman who experienced a miscarriage if either of the following conditions are met—

(a) the person, but for the occurrence of the miscarriage experienced by S, would have been the biological or intended parent of the child expected from S’s pregnancy; or

(b) the person is the current partner of S.

(4) In this regulation—

(a) “Partner” means either a person (whether of a different or the same sex), who is in an enduring family relationship with S but is not a relative of S of a kind specified in sub-paragraph (b);

(b) the relatives of S referred to in sub-paragraph (a) are S’s child, parent, grandparent, sister, brother, aunt or uncle;

(c) references to relationships in sub-paragraph (b)—

(i) are to relationships of the full blood or half blood or, in the case of an adopted person, such of those relationships as would exist but for the adoption; and

(ii) include the relationship of a child with adoptive, or former adoptive, parents;

but do not include any other adoptive relationships.”.

(5) In regulation 5 (options in respect of parental bereavement leave), in paragraph (4), for “the date of C’s death” substitute “the first day of bereavement”.

(6) In regulation 6 (notice requirement for parental bereavement leave)—

(a) In sub-paragraph (1)(a), for “the date of C’s death” substitute “the first day of bereavement”; and

(b) In paragraph (6), for “the date of C’s death” substitute “the first day of bereavement”.

Commencement Information

I1 Reg. 4 in operation at 26.3.2026, see reg. 1(1)

(1)

S.R. 2023 No. 156