Most miscarriages happen in the first 12 or 13 weeks of pregnancy. It is much less usual to miscarry after 13 weeks, but late miscarriages can occur between 14 and 24 weeks of pregnancy. Sadly, more than one pregnancy in every five ends in miscarriage. Research1 shows that Black women are at a 43 per cent higher risk of miscarriage than white women. If you have experienced a miscarriage, we sympathise with you.
As the education sector has a predominantly female workforce, it is very likely that other women colleagues in your workplace will also have miscarried a baby. If another woman at work has spoken to you about her experience of miscarriage, an informal chat together could help you deal with your pregnancy loss as a working woman and can help you navigate protecting your rights at work.
If you experience an early miscarriage, you might not yet have informed your employer of your pregnancy. You should be able to disclose your pregnancy and your miscarriage without fear of being disadvantaged or discriminated against, but it is up to you whether to inform your employer of your pregnancy in the first few weeks. You are fully within your rights to ask your employer to keep the knowledge of your pregnancy or pregnancy loss confidential only to those who need to know for health and safety purposes.
We expect employers and line managers to foster a supportive work environment for pregnant women and women who have miscarried a baby. Detrimental treatment of you on grounds of your miscarriage would be unlawful.
If you do tell your employer or line manager about your miscarriage, they should listen to you, show sympathy and understanding, and encourage you to take the time off you need to recover physically and mentally and support you when you are ready to return to work.
Any conversations with your employer should include your wishes for confidentiality and how your privacy will be protected when you return to work.
If you experience a miscarriage prior to 24 weeks of pregnancy, you should be paid the contractual sick pay you would have received had you not been absent for a pregnancy- related reason. Sometimes a woman who has experienced a miscarriage will require emergency surgery and consequently additional time off. If your employer is aware of your pregnancy, you are protected from discrimination in relation to any pregnancy-
related sickness absence during your pregnancy and up to two weeks after the end of your pregnancy; this is known as the protected period. Your employer is not permitted to count any pregnancy-related absences during the protected period for the purposes of attendance management.
Your employer’s approach will be particularly important in the arrangements made to support you on your return to work and we would expect them to put in place any adjustments to assist you at work and, if you had already disclosed your pregnancy, to consult you specifically on whether and how you wish your loss to be communicated to your colleagues, and if you choose, to students and parents.
In an emergency
❱ If you suspect you are miscarrying your baby now, you should seek immediate medical advice. Inform your line manager, head, or principal that you are experiencing a medical emergency and arrange - or ask someone to help you arrange -
an emergency medical consultation.
❱ Focus on your own health and try not to worry about work. Be vigilant and follow any medical advice.
❱ If you are going to need some time off on sick leave, ask your medical practitioner for a ‘fit note’ (aka a sick note) and follow your usual sickness reporting procedures.
❱ If you prefer to keep your pregnancy and your miscarriage private from your employer, you can ask that that the medical note does not include this information. Alternatively, if you are comfortable to disclose your pregnancy and your loss to your employer, you could ask for your miscarriage to be included on the note.
❱ Should you require immediate, confidential support including counselling or coaching related to your experience of miscarriage, you can contact the Education Partnership helpline on 08000 562 561 or at educationsupport.org.uk
As you recover
❱ Once your physical health has stabilised you may or may not yet be ready to return to work, seek advice from your medical practitioner.
❱ Familiarise yourself with your terms and conditions – they should be listed in your letter of appointment. Seek out the sickness and maternity policies, and any special absence, miscarriage or baby loss policies that apply in your school or college – your NEU workplace rep or school office should be able to help you locate them.
❱ Take a look at the practical pack of NEU pregnancy loss resources; you can use the sample letters to help you draft emails or letters to your employer.
❱ If you have disclosed your pregnancy and/ or your miscarriage to your employer, it is important that you discuss with your head or line manager whether you wish to inform other staff, students and parents. You are entirely within your rights to ask that the information remains confidential.
❱ Some women prefer to share information as they try to recover from miscarrying. If you do choose to share any details of your loss, discuss with your head or line manager how and when you would prefer to share the information. Consider speaking to your NEU rep or women at work who have previously shared their experience of a miscarriage
for tips and advice. Networking with other women with similar experiences can help you understand and assert your rights at work.
❱ Seek advice from your GP if you are being pressed to return to work before you are physically or mentally ready. It can be particularly difficult for teachers and support staff to return to an education setting when they are grieving after a miscarriage.
❱ Use and share the practical pack of NEU pregnancy loss resources. You could ask your rep or line manager whether your school or college has adopted the NEU model policy – it can be used by members to improve the safety, welfare and other working conditions of working women experiencing a miscarriage.
❱ Keep records and screenshots of your conversations and communications with your employer or agency and confirm all important conversations by email.
❱ Ask your NEU rep for support if your head, line manager, employer or agency does not uphold your rights.
❱ If you need further advice about your rights at work, contact the NEU AdviceLine on 0345 811 8111 or email us at [email protected]
Pregnancy loss and termination
An introduction to our resources for members, reps and leaders on pregnancy loss and termination.