What are you entitled to?

This depends on many things, including the length of the pregnancy, whether your baby was stillborn or lived for a short time after the birth, whether you are employed, and your earnings before the birth.

It may seem strange and perhaps upsetting to think about claiming benefits when your baby has died. However, many bereaved families find themselves facing unexpected financial strain. So it is important to find out about the financial benefits to which you may be entitled.

 Maternity and paternity benefits are complicated. They are administered by
several government agencies and, in some cases, by employers. Some benefits
need to be claimed within 28 days of your baby’s birth.

You will find all the information you need in the leaflet Late miscarriage,
stillbirth and neonatal death: financial help available. You may have received
this at the hospital or from your community midwife or health visitor.

If not, you can phone Sands Head Office or the Sands Helpline to ask for a copy.

If your baby was born dead before 24 completed weeks of pregnancy

 The experience and the grief that parents feel when a baby dies after 14 or 16 weeks of pregnancy can be much the same as when a baby is stillborn. But for legal purposes, when a baby is born dead before 24 completed weeks of pregnancy, this is called a late miscarriage. Sadly, you are not entitled to maternity or paternity rights or benefits if you have had a late miscarriage. But you do still have some entitlements.

Mothers are entitled to:

• Sick Leave. A miscarriage is a pregnancy-related sickness. Your employer
must not dismiss or treat you less favourably because you have a
pregnancy-related sickness, even if you have only just started working there.
The time you have off will not count towards your sickness record (though
any sick pay you get will be counted) and is not time-limited. You need to
get a Fit note (previously called a Sick note) from your GP.

Mothers may be entitled to:

Compassionate Leave and Time Off for Dependants. If you are not sick, your employer may give you Compassionate Leave or Time Off for Dependants (TOFD). You are legally entitled to TOFD in certain circumstances, but your entitlement to Compassionate Leave depends on your contract of employment and your employer’s policy.

Sick Pay from your employer or income-related benefits from the state.

Fathers or partners may be entitled to:

• Sick Leave and Sick Pay, compassionate leave or Time Off For Dependants
from your employer.

A mother’s female partner has the same rights and entitlements as a father.

If your baby was stillborn after 24 completed weeks of pregnancy OR
if your baby was born alive at any stage of pregnancy and then died

Mothers are entitled to:
• 52 weeks’ maternity leave. You should normally have told your employer
that you were pregnant before the 24th completed week of your pregnancy.
If you gave birth before your maternity leave started, your leave starts the
day after you gave birth.

Mothers may be entitled to:
• Maternity Pay from your employer, Maternity Allowance, or income-related
benefits from the state.

Fathers or partners may be entitled to:
• One or two consecutive weeks’ Paternity leave from your employer. You
should normally have informed your employer that you planned to take
paternity leave before the 24th completed week of the pregnancy.

• Sick Leave and Sick Pay, compassionate leave or Time Off For Dependants
from your employer.

A mother’s female partner has the same rights and entitlements as a father.