Pregnancy Loss Policy

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Aim
Scope
Introduction
What is pregnancy loss?
What do I need to understand regarding pregnancy loss/miscarriage and employment law?
Pregnancy loss at work
What leave is available should I experience pregnancy loss?
Line Manager support and responsibilities
Further advice and support
Code of Ethics

1. Aim

1.1 This policy sets out our commitment to supporting those who have sadly experienced pregnancy loss.

1.2 It outlines the different types of pregnancy loss which can occur and provides information regarding the support channels which are available both internally and externally.

2. Scope

2.1 This policy applies to all Humberside Police Officers and Police Staff collectively. The term ‘member of staff’ used within this document refers to both employee types.

2.2 The guidance applies to both the member of staff and their partner who have been affected by pregnancy loss.

2.3 We acknowledge the importance of using inclusive language and where possible we have used gender neutral language in this policy. For the purposes of this policy 'partner' refers to the partner of the person and includes same sex/non-binary partners, intended parents and individuals who have a surrogate or co-parent.

3. Introduction

3.1 We understand that pregnancy loss can be a devastating experience whether it happens to you, your partner or the surrogate having your baby. It is a situation that occurs more commonly than people think and the challenges of coming to work after this are hard and often misunderstood.

3.2 Pregnancy loss, whether it being early or late into the pregnancy, is a type of bereavement and getting the right support at work is crucial.

3.3 We are committed to giving all affected members of staff the support they need.

4. What is pregnancy loss?

4.1 Pregnancy loss may occur for many different reasons and at any point during pregnancy.

Listed below are some of the circumstances under which pregnancy loss can occur:

Miscarriage - The spontaneous loss of a baby/foetus before the 24^th week of pregnancy.
Stillbirth - The loss of a baby after the 24^th week of pregnancy, including during labour or birth.
Ectopic pregnancy - When a fertilised egg implants and develops outside the womb, usually in one of the fallopian tubes.
Molar pregnancy - When there is a problem with a fertilised egg, which means a baby and a placenta do not develop the way they should after conception.
Neonatal loss - The loss of a baby within 28 days of birth.
Embryo transfer loss - When an embryo implantation/transfer during fertility treatment doesn’t result in pregnancy. For more information and support around fertility, please refer to the Fertility Support policy.
Abortion or termination of pregnancy - A medical or surgical procedure to end a pregnancy.
Termination for medical reasons - The ending of a wanted pregnancy after a prenatal diagnosis of a condition with the baby or because of a risk to the birth parents health.

5. What do I need to understand regarding pregnancy loss/miscarriage and employment law?

5.1 The Equality Act 2010 provides protection rights against discrimination, unfair dismissal and unfair treatment on the grounds of pregnancy or maternity. It includes a 'protected period' for people who do not have a right to statutory maternity leave. The protected period lasts for 2 weeks after the pregnancy ends.

5.2 During In Vitro Fertilisation (IVF) treatment, from the point of embryo implantation (also referred to as embryo transfer), individuals are deemed to be pregnant and therefore are protected under the Equality Act 2010.

5.3 Individuals who have had Intrauterine Insemination (IUI) treatment are deemed pregnant and protected under the Equality Act 2010 from the date of receiving a positive pregnancy test.

5.4 If IVF/IUI treatment is unsuccessful, the protection will end two weeks after the end of the pregnancy (i.e. two weeks after the date of the negative pregnancy test).

5.5 Any sickness absence related to pregnancy loss will be marked as pregnancy related and will not count towards sickness absence trigger points.

6. When pregnancy loss occurs at work

6.1 During a miscarriage one or more of the following symptoms may be experienced:

Bleeding, which may be very heavy.
Abdominal pain, which may be severe.
Faintness and even collapse. This is most likely with an ‘ectopic’ pregnancy, which is a life-threatening condition where an embryo starts to grow outside the womb.

6.2 An individual who starts to miscarry is likely to be distressed, frightened and may feel embarrassed. They will need privacy, support, and access to a toilet, and may appreciate help in getting home or to hospital. If they are very unwell an ambulance may be needed.

6.3 Often treatment will be required in hospital. Sometimes surgery is needed, especially in cases of ectopic pregnancy.

6.4 In contrast, some individuals have no symptoms at all and only find out about the loss of their baby at a routine antenatal appointment (silent miscarriage). In such cases the actual miscarriage may be delayed for days or even weeks.

6.5 Those who suffer a miscarriage may experience impacts upon both their physical and mental health. The time needed for recuperation and recovery will vary from person to person and will be dependent upon individual circumstances.

7. What leave is available should I experience pregnancy loss?

7.1 Following a pregnancy loss, individuals may need time away from the workplace to recover both physically and emotionally. The timeframes for this will vary dependent on the individual and their particular circumstances. We advise that support is given to individuals and / or their partners as much as possible during such difficult circumstances.

7.2 Everyone’s needs will be different. For example, some people may feel that they can continue to work as normal, while others may require more support or time away from the workplace. Everyone will experience their loss differently, so it’s important not to make any assumptions about how they feel or how they want to be treated and to agree any leave and support needs through discussion with the individuals concerned.

Pregnancy loss during the first 24 weeks

7.3 In the circumstance of your pregnancy ending during the first 24 weeks you will be entitled to: -

Individual having the baby (including surrogate) – 2 weeks pregnancy related sickness absence and/or Compassionate Leave.
Partner – Compassionate Leave
Individual/s having a child via a surrogate - Compassionate Leave

Pregnancy loss after the 24^th week

7.4 In the circumstance of your pregnancy ending after 24 weeks, or where you experience a neonatal loss (irrespective of what point in your pregnancy the birth takes place), you will be entitled to: -

Individual having the baby (including surrogate) – Full Maternity Leave and Parental Bereavement Leave.
Partner – Full Maternity/Adoption Support Leave and Parental Bereavement Leave.
Individual/s having a baby via a surrogate – 8 weeks Adoption Leave (Please see section 12 of the policy) or Maternity/Adoption Support Leave, and Parental Bereavement Leave.

Multiple pregnancy before 24 weeks

7.5 Where an individual is pregnant with twins/triplets etc, and one baby is lost prior to the 24 week point then the following entitlements will apply:-

Individual having the baby (including surrogate) – 2 weeks pregnancy related sickness absence and/or Compassionate Leave. Where further time off is required due to being unable to work until birth of the other baby/babies, then the standard sickness absence procedures will apply.
Partner – Compassionate Leave
Individual/s having a baby via a surrogate – Compassionate Leave

Multiple pregnancy after 24 weeks

7.6 Where an individual is pregnant with twins/triplets etc, and one baby is lost after the 24 week point then the following entitlements will apply:-

Individual having the baby (including surrogate) – 2 weeks pregnancy related sickness absence and/or Parental Bereavement Leave. Where further time off is required due to being unable to work until birth of the other baby/babies, then the standard sickness absence procedures will apply. When the other baby/babies are born then full Maternity Leave will apply.
Partner – Parental Bereavement Leave and then full Maternity/Adoption Support Leave when the other baby/babies are born.
Individual/s having a baby via a surrogate – Parental Bereavement Leave and then full Adoption Leave or Maternity/Adoption Support Leave when the other baby/babies are born.

Medical Appointments

7.7 It is recognised that it will not always be possible for medical appointments required in relation to pregnancy loss to be arranged around work time. Where an appointment cannot be booked outside of work time, paid time off will be granted for attendance at the appointment (or to accompany a partner). This includes but is not limited to medical examinations, scans and tests, results from post-mortem examinations and mental health-related appointments.

8. Line Manager support and responsibilities

8.1 Pregnancy loss is often both a physically and emotionally difficult time for those involved. Below are some suggestions of areas to consider and support that you can provide as the Line Manager of an individual who has experienced pregnancy loss. Remember that each person’s needs and experience of loss will be different, therefore it is important any actions to be taken are agreed in consultation with the individual concerned and align to their wishes for how they would like their situation to be managed.

Sharing details about their loss: Offer condolences and ask if the individual wishes to keep the matter confidential or if they want to share with colleagues. If they do wish others to be made aware, discuss how they would like this to happen and if they would like your support to share the news.
Accessing support: Point them in the direction of relevant internal and external support channels (as detailed in Section 9).
Perinatal Mental Health Check-in: Perinatal Mental Illness (PMI) refers to mental illness which occurs during or post pregnancy and can include conditions such as depression, anxiety, perinatal obsessive-compulsive disorder (OCD), eating disorders and post-traumatic stress disorder (PTSD). In cases of pregnancy loss there is a higher likelihood that PMI may be experienced, which can impact upon both the individual who carried the child and/or their partner. Therefore, it will be important to check-in on their mental and emotional wellbeing. Clarify that impacts upon mental health are common and understandable following a pregnancy loss, to encourage individuals to be able to speak openly about how they are feeling, and offer to refer them for support from the Psychological Services team or via any of the other channels listed in Section 9 should any concerns be raised.
Time away from the workplace: Help them to understand their options and make arrangements for time away from the workplace, both where this is needed for personal reasons and / or they are entitled to leave due to the stage of the pregnancy at which the loss occurred (refer to details in Section 7). Please note that where there is an entitlement to statutory parental leave (i.e. Maternity, Adoption, Shared Parental, Maternity/Adoption Support and Parental Bereavement Leave) it is not compulsory for the individual to take the full amount of leave available if they would prefer to return to work before the end of the parental leave period.
Workplace adjustments: Consider and discuss any workplace support that may help during this period. This could include temporary adjustments to start / finish times or use of flexitime to accommodate any required appointments, home working, a temporary change in duties or referral for support from Occupational Health or the Wellbeing Team. Document the support agreed into a Support Agreement so this can be reviewed and updated when needed. Where such adjustments include changes to role responsibilities / duties or working hours (excluding where flexitime is being used), this should also be detailed within a Recuperative Duties Plan.
Awareness of significant dates: Be aware of significant dates such as due dates / birthdays and the anniversary of the loss so that you can check in with the individual and offer support at these difficult times.
Consider wider colleague/team impacts: Be mindful of the impact pregnancy loss may have upon the wider team/colleagues. Individuals who have experienced previous loss may be revisited by past trauma upon learning of a colleague’s circumstances. Sensitivity is also advised around any workplace pregnancy or baby-related celebrations, as individuals who have experienced loss may find seeing or being involved in such events emotionally upsetting.
Seek support for yourself: Supporting someone through pregnancy loss can be emotionally upsetting for the individual providing the support. Vicarious grief (a feeling of grief in response to someone else’s loss) is a common, natural and recognised response to traumatic events such as this. Help is available should you feel you need some support – please reach out and make contact with one of the specialist support channels listed within section 9 of this policy.

Support and responsibilities where an individual is off work

8.2 Should an individual be away from the workplace due to either sickness absence or entitlement to leave, it is advisable for Line Managers to maintain regular and appropriate contact with their member of staff during the period of absence. This is to ensure the continued consideration of the support and welfare needs of the individual concerned. The frequency of contact and how this will be conducted should be agreed with, and primarily led by, the individual.

8.3 Where the individual has taken sickness absence as a direct result of the pregnancy loss, Line Managers should ensure the absence reason is recorded as ‘pregnancy related’ in the sickness portal, including where the absence period extends beyond 2 weeks. Records of welfare contacts and GP FIT notes must also be maintained. Accurate recording will provide the necessary detail to support pay decisions where such absences continue in the longer term.

Actions to be taken in preparation for the individual’s return to work

8.4 Once the individual is ready / due to return to the workplace, the following steps should be covered:

Discussion regarding the return to work: Meet with individual before they return to work to discuss support for their pending return. The meeting should be conducted sensitively and in private and should focus on understanding from the individual what support they feel would be beneficial and their wishes for how they would like their return to be managed, including any communications with their team/colleagues. The meeting may be in person or via a Teams/phone call depending upon the individual’s preference. During this discussion it is advised to cover:
- The wellbeing/welfare of the individual (including the consideration of perinatal mental wellbeing – see details in 8.1).
- Any questions or concerns they have regarding their return and if there is any support, they feel would assist their transition back into the workplace.
- Risk assess the individual’s personal circumstances/health needs against the role to which they are returning and consider any adjustments that may be required. Utilise the Individual Risk Assessment within the recuperative and adjusted duties process to consider if and where adjustments are required.
- Ask if the individual plans to use any accrued annual leave on their return.
- Discuss if they wish to utilise the Phased Return to Work, to which they will be eligible if they have been absent on Maternity, Adoption or Shared Parental Leave for 4 months or more (details are provided within the relevant policy – here) or if they wish to make any permanent changes to their hours or shift pattern via a Flexible Working request.
- Provide any relevant work-related or team updates.
- Clarify arrangements for the first day they return and the agreed plan to support their transition back into work (e.g., Who and where to meet on the first day, training/upskilling plan, implementation of a buddy system, if reduced hours or amended duties are to be utilised for the initial weeks, etc).
Complete and process any required paperwork: This may include:
- The Return To Work form within the sickness portal (in cases of sickness absence).
- Individual Risk Assessment (to consider if any adjustments are required for the return to work).
- Recuperative Duties Plan (where there are to be temporary changes to working hours and or duties as part of the return plan).
- Phased Return to Work Plan (only following Maternity, Adoption or Shared Parental Leave and where requested by the individual).
- Flexible Working Application (if a permanent change to shift pattern or working hours is requested).
- A Support Agreement to document any agreed support that does not fall under that required via the risk assessment process.

Schedule further welfare check-ins: Arrange further meetings following the return to work to ensure continued support is being provided and there is on-going review and appropriate adjustment of any support provisions in place (i.e. those documented within the risk assessment and/or Support Agreement).

9. Further advice and support

9.1 After reading this policy if further advice or guidance is required, please contact People Services – Advice and Guidance.

9.2 Detailed below are some specialist support channels that individuals may wish to utilise.

Internal

Wellbeing Team – The Wellbeing Team provides specialist support on all health matters affecting an individual’s work. Further advice on the support the team and other related organisations can provide can be found on the Health, Safety and Wellbeing pages of the People Portal.
Occupational Health – The link to access further support from the Occupational Health and Psychological Services teams.
Police Family Support Guidance – Guidance document issued by the NPCC which provides further advice in relation to family matters, including baby loss and miscarriage.
Employee Assistance Programme – Free of charge, independent and confidential service providing wellbeing support.
Humberside Fertility Friends - HFF is a network of colleagues who can offer support and guidance regarding fertility treatments, processes and also the policies and support available through the Force in relation to fertility treatment.

External

The Miscarriage Association - A charity created by a group of people who have sadly experienced miscarriage who offer support and information to anyone affected by a pregnancy loss.
The Miscarriage Association – A guide for employers - This guide aims to support employers who have a member of staff who has experienced pregnancy loss.
The Compassionate Friends - A charitable organisation dedicated to the support and care of bereaved family members who have suffered the death of a child or children from a month old and from any cause.
The Ectopic Pregnancy Trust - A charity that provide information about the causes, symptoms and treatment of ectopic pregnancy, as well as much needed support to families affected by ectopic pregnancy and the healthcare professionals who care for them.
Mind – Provide support services to individuals in relation to mental health matters.
Chasing Rainbows - A charity that aims to raise awareness and understanding of fertility, pregnancy loss and recurrent miscarriage and also offer face-to-face and virtual support forums.
Surrogacy UK - A not for profit organisation who provide information about surrogacy in the UK.
Samaritans - Offer listening and support services to people in times of need.
Sands - A charity that offers support to anyone affected by pregnancy loss.
Mariposa Trust - Provide support services to anyone affected by pregnancy loss and bereavement.
Petals - Offers a specialist counselling service for individuals affected by pregnancy loss.
Dad Still Standing - A charity offering bereavement support for dads that have experienced baby loss.

9.3 As a Trauma Informed Force, we recognise there are members of our workforce who may have experienced exposure to trauma, either through their work or in their personal lives, which has created lasting adverse impacts upon their mental, physical, social and emotional wellbeing. Classification of what constitutes as a traumatic event is unique and personal to each individual but is defined as an event, series of events, or set of circumstances that is experienced by that individual as harmful or life threatening. If you feel you have been impacted by trauma and wish to seek support there are a number of sources of support available through the Force, including: -

Line Managers
HR Specialists and Advisors
Employee Assistance Programme
Occupational Health
Health and Wellbeing Team
Peer Supporters
Wellbeing Champions
TRIM Process

10. Code of Ethics

10.1 The College of Policing launched the Code of Ethics and Code of Practice in January 2024, which applies to everyone in policing. The Ethical Policing Principles which form the Code of Ethics are Courage, Respect and Empathy, and Public Service. These principles aim to help people in policing do the right things, in the right way, for the right reasons. The principles should be observed and adhered to at all times and in line with this policy.

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