Your rights and entitlements if you have a miscarriage

If you have lost your baby before 24 weeks of pregnancy, this means that you won’t qualify for maternity or paternity benefits.

This includes:

•  Statutory Maternity Pay

• Sure Start Maternity Grant, and

• additional Healthy Start vouchers.

But you do still have some entitlements that might help you to take time off to recover.

If your baby lives – even for a short time (including before the 24th week of pregnancy) – but passes away, you’re still entitled to all your maternity rights. Find out more in our guide Your rights and benefits if your baby has died shortly after birth.

Your Maternity Exemption Certificate can be used until the expiry date for prescriptions in England. 

In Scotland, Wales and Northern Ireland, prescriptions are free for everyone.

Entitlements to free dental check-ups and treatment vary by country.

You can use any Healthy Start vouchers you already have.

Find out more on the Healthy StartOpens in a new window website.

If you live in Scotland, find out more about the Best Start Grant, and income limits on MYGOV.SCOTOpens in a new window

If your local JobCentre Plus was going to organise a Sure Start Maternity Grant, you'll need to tell them that you’re no longer pregnant. 

Find out more, and find your nearest Jobcentre Plus on GOV.UKOpens in a new window

If you live in Northern Ireland, find your nearest Jobs and Benefits Office on nidirectOpens in a new window

Even though you won’t get benefits, it’s still important that you tell certain people what’s happened so they can sort out the paperwork.

The best way to do this is usually to call or, where possible, email.

If you can’t do this yourself, you might be able to get a relative or close friend to make some of the calls for you.

Talk to your employer about what they can offer you or check your employment contract to see how they can help you with your baby loss.

Your employer might:

• offer compassionate leave to bereaved parents as part of their basic contract of employment or employee benefits.

• take care of cancelling any maternity or paternity pay that you might have arranged

• offer baby loss services to help deal with your mental health and wellbeing. 

If you have a miscarriage, you’re entitled to the same benefits as any other employee who’s off sick.

It is good practice for your employer to record the leave separately from other sick leave, so that it does not count towards your sickness record. You will still need a fit note from your GP.

You are legally protected for two weeks after the loss of your baby as pregnancy and maternity is a protected characteristic under the Equality Act 2010. This means that if you’re put at a disadvantage or treated less favourably as an employee because of a pregnancy-related illness or related time off, this could be discrimination.  

You can take longer than two weeks sick leave if you need to as long as your GP signs you off sick – and not feel pressured to return to work until you feel ready. However, if you take a long time off sick, it might eventually be recorded as ordinary sick leave. 

You will at least get Statutory Sick Pay – this is paid for up to 28 weeks. Your sick pay could be more if your contract of employment allows it. If you’re on a low income you might be able to claim other income-related benefits.

You might be entitled to Employment and Support Allowance if:

• your Statutory Sick Pay runs out you are unable to return to work,or
• you don’t earn enough to claim Statutory Sick Pay, or
• you can’t claim Statutory Sick Pay because you haven’t worked for your employer for long enough.

If you’re receiving Universal Credit, you must notify them of your miscarriage. If you feel your ability to work or look for work is affected while recovering, you must get a fit note from your GP or healthcare specialist.

The Registrar does not provide stillbirth, birth or death certificates for miscarriages before 24 weeks of pregnancy. However, there are ways to formally record the loss of your baby.  

In England, you can apply for a baby loss certificate online on GOV.UKOpens in a new window

In Scotland, you can apply to have your baby’s loss recorded in The Memorial Book of Pregnancy and Baby Loss Prior To 24 WeeksOpens in a new window

In Wales and Northern Ireland , you can ask if the hospital issues a special certificate.

If your baby died before 24 weeks, there’s no legal requirement to have a formal funeral.

The hospital staff will explain to you what they offer, and they should also give you written information. They will give you time to consider what you would like to do.

Alternatively, you can make your own arrangements for a funeral and/or burial or cremation. You might wish to consult a funeral director or a minister of your own faith. 

The hospital chaplaincy team might also be a good source of information, advice and support, whether you have any religious beliefs. 

You have the right to bury your baby’s body or remains yourself. If you want to do this, you might need to make your wishes clear to the hospital staff or your GP as they might not be aware that this is legal. 

For more information, visit Miscarriage AssociationOpens in a new window or SandsOpens in a new window

However, in Scotland, if your baby was born alive before 24 weeks and you get certain benefits, you may be able to claim for a Funeral Support PaymentOpens in a new window

It’s easy to be overwhelmed by some of the things you need to do and the decisions you need to make.

While family and friends can be a great comfort, it’s also sometimes good to get some clear, impartial guidance.

Sands, a stillbirth and neonatal death charity, offer practical and emotional support. This includes making funeral arrangements.

Our free printed guides give you clear, unbiased information. They're a good starting point and can help you make informed choices.

You can download them or order printed copies using our order forms.