If you have experienced a stillbirth or neonatal death of your baby or babies, you have our deepest sympathies. The rate of stillbirth and neonatal death in the UK has declined but we are well aware that this does not diminish the grief and trauma that you and your family will have experienced.
Losing a baby is shattering. It is difficult to think about practical issues when you are grieving.
Our guidance is designed to set out as clearly as possible your employment rights as a teacher or support staff member in a school or college; it outlines what we would expect from a good employer. We have also included signposts to specialist community and emotional support for you and your family at this challenging time.
Stillbirth
A stillbirth is when a baby dies after 24 weeks of pregnancy, before or during birth. Where your baby has been stillborn, your medical team will issue you, as the mother, with a stillbirth certificate. You retain your rights to maternity leave and pay and your partner will retain their rights to paternity leave and pay. Your maternity leave and any pay will start the day after the birth if it had not already started.
Neonatal death
Where a baby is born alive but dies within the first 28 days of his or her life, this will be taken to be a neonatal death. Where your baby is born alive at any time during your pregnancy, but does not survive, you retain your rights to maternity leave, and any maternity pay that you qualify for, even if your baby was born before 24 weeks’ gestation. Similarly, your partner retains their rights to paternity leave and pay.
Detrimental treatment of you on grounds of your baby loss would be unlawful.
We expect employers and line managers to foster a supportive work environment for pregnant women and women who have lost a baby. You should be able to discuss and disclose your pregnancy and/or your loss without fear of being disadvantaged or discriminated against.
A good employer will show empathy and understanding and will implement your rights to leave related to your pregnancy and your circumstances. You should be able to take the right amount of time off you need to recover physically and mentally from your experience.
It is not possible to take more than one type of leave at a time but you might find that you can benefit from a succession of paid maternity leave, sick leave, parental bereavement leave and shared parental leave if you meet the qualifying criteria and give the correct notice. Your local NEU branch or AdviceLine might be able to assist you in planning your time off.
Maternity leave and pay
In the tragic circumstances of stillbirth after 24 weeks of pregnancy, or the neonatal death of your baby, you retain your rights to maternity leave and pay and your partner will retain their rights to paternity leave and pay. Further guidance on eligibility and notice of maternity leave and pay can be found on our website.1 If your maternity leave had not yet started, your leave and any pay will start the day after your baby was born.
Women who are not issued with a stillbirth certificate but whose baby was delivered in or after the 16th week before the start of her expected week of childbirth (i.e. during the 24th week of pregnancy) may still be entitled to maternity leave and any maternity pay that they qualify for. This was confirmed in a tribunal case supported by Maternity Action. If your baby is stillborn at this stage of your pregnancy, to secure your maternity rights you will need to seek urgent advice. Contact details are set out at the end of this guidance.
The first two weeks following childbirth is known as compulsory maternity leave; your maternity leave can continue for up to 52 weeks after you gave birth. Once you have notified your employer of your situation, your employer must write to you within 28 days and state the date that your maternity leave will end if you take your full entitlement.
After the initial two weeks, it is up to you to decide how much of your maternity leave you wish to take. Some women prefer to stay off work, but some choose to return to work earlier.
You may notify your employer that you wish to return to work from your maternity leave early. The statutory notice period is eight weeks before your intended date of return; teachers covered by the Burgundy Book and support staff covered by the Green Book are entitled to give shorter notice of 21 days. Your employer could agree to waive the normal notification requirements should you wish to return sooner.
If, at the end of your maternity leave, you are not fit to return to work on your notified day of return because, for example, your medical statement certifies incapacity due to anxiety or postnatal depression, then you would be entitled to sick leave/pay in accordance with your standard sickness policy. If you are incapacitated, you might be better off financially if you take paid sick leave after your paid period of maternity leave.
Your employer’s approach will be particularly important in the arrangements made to support you while you are absent and on your return to work. You should not be placed under pressure to return to work before you are ready. At the same time, you should be advised of your options and informed of the process for returning to work early, if that is what you genuinely want to do.
We would expect a good employer to consult you specifically on whether and how to communicate your loss to your colleagues and students or parents.
Shared parental leave and pay
Shared parental leave allows parents to share the mother’s maternity leave if the mother cuts short her maternity leave to return to work early and/or to transfer her leave to her partner.
If, before the birth of your baby, you gave notice to take shared parental leave and your baby is stillborn or dies after the birth, you are entitled to take the leave that you have already booked. If you want to cancel any shared parental leave that has already been booked, you should give at least eight weeks’ notice (or lesser notice if available in the school policy). If you want to make changes, such as reducing the amount of shared parental leave booked or vary blocks of leave into a single period of shared parental leave, you may give one notice of variation, subject to eight weeks’ notice.
If you had not already given your employer notice of your intention to take shared parental leave, you are not entitled under the statutory scheme to book it after the death of your child. The statutory right is only available to parents who booked it before the stillbirth or neonatal death of their baby.
Parental bereavement leave and pay
Parental bereavement leave and pay is available to eligible parents of babies who are stillborn after 24 weeks of pregnancy, of babies who die within 28 days of being born, or of children who die under the age of 18. You can find more about eligibility and notice requirements in our separate guidance on Parental bereavement leave and pay.
Paternity leave and pay
Partners and fathers retain their full entitlement to paternity leave and pay when their baby is stillborn or dies after the birth. One or two weeks’ paternity leave can be taken, within 56 days of the birth, or if the birth of your baby was premature, within 56 days of the start of the expected week of childbirth. Detailed advice is available on our website.
When you lose your baby
❱ Put yourself first and try to engage a trusted family member, friend, your NEU rep or an empathetic colleague to help you with the practical matters to protect your rights
at work.
❱ Should you require immediate, confidential support including counselling or coaching related to the stillbirth or neonatal death of your baby, you can contact the Education Partnership helpline on 08000 562 561 or at educationsupport.org.uk
❱ Look up the specialist baby loss charities in this guide – they provide sophisticated advice and facilitate focused support groups to meet the different needs of grieving parents.
As soon as you possibly can…
❱ Use our sample letters to help you notify your employer of your difficult circumstances/ intention to take or start maternity leave.
❱ If you have not already given notice of your intention to take maternity leave, notify your employer that you were pregnant, the expected week of childbirth and the day of birth or stillbirth (the date of delivery); confirm that your maternity leave and any pay starts the day after you gave birth; include a copy of your MATB1 and your baby’s stillbirth certificate or birth certificate.
❱ If you have given notice of your intention to take maternity leave and have given birth before the start of your leave has started, notify your employer of the day of birth or stillbirth (the date of delivery); confirm that your maternity leave and any pay starts the day after you gave birth; include a copy of your baby’s stillbirth certificate or birth certificate.
❱ If your baby was stillborn, or died after being born, and you have already started your maternity leave, notify your employer of the day of birth or stillbirth (the date of delivery); include a copy of your baby’s stillbirth certificate or birth certificate.
❱ Note that NEU membership fees don’t have to be paid during maternity leave. You can inform NEU membership [email protected] so that your NEU subscriptions can be suspended during your absence.
While you are on leave
❱ Once your physical health has stabilised, focus on your mental health and seek advice from your medical practitioner if necessary.
❱ 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, 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 not already done so, it is important that you discuss with your head or line manager whether you wish to inform other staff, students and parents of your situation. You are entirely within your rights to ask that the information remains confidential.
❱ Some parents prefer to share information as they try to recover from the stillbirth or neonatal death of their baby. 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 pregnancy loss or baby loss 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 to return. It can be particularly difficult for teachers and support staff to return to an education setting when they are grieving the loss of a baby through stillbirth or neonatal death.
❱ 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 stillbirth or neonatal death of a baby.
❱ 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.