Abstract

Pregnancy loss prior to fetal viability is a common experience for women worldwide – 1 in 4 pregnancies end in miscarriage. Statutory leave for such losses is in focus in an increasing number of countries. We aim to help inform these debates by presenting the findings of a comparative study of jurisdictions which have introduced such leave. We identified two main approaches: leave based on the sick leave model and leave based on the compassionate leave model; both have strengths and limitations. What works in each individual jurisdiction will depend, among other factors, on the way in which the jurisdiction in question addresses the issue of leave more broadly. However, regardless of the model adopted, we argue that some form of statutory leave for miscarriage and other pregnancy loss should be introduced on the basis that such leave serves to reinforce the equality agenda, provides a chance for care and recovery following pregnancy loss, and serves an important expressive and educative goal in ensuring better understanding of the impact of pregnancy loss on those who experience such loss.