Miscarriage: new "circumstantial leave" for couples from the start of pregnancy

Author / Source : Published on : Thematic : Early life / Pregnancy News Temps de lecture : 1 min.

 Print

On 3 May 2024, the Belgian federal government approved a draft Royal Decree granting 2 working days' leave in the event of a miscarriage. This new leave for federal civil servants will fill the gap between the start of pregnancy and the 180 days after which specific measures already exist. For the first time, and in a way that is unique in Europe, the leave is intended not only for the pregnant woman but also for her partner. 

"According to studies, nearly 30% of women are at risk of suffering from post-traumatic stress one month after losing their unborn child. I don't want to ignore that.” This reality, highlighted by the Minister for the Civil Service, Petra de Sutter, called for better recognition of the pain experienced by women and couples faced with this ordeal. Until now, women who suffered a miscarriage before 180 days of pregnancy (6 months) were only entitled to sick leave (maternity leave is only granted after 6 months of pregnancy). From now on, before 180 days, federal civil servants will be able to add this two-day circumstantial leave to their sick leave. As Minister de Sutter acknowledges, the duration of this new leave is "rather symbolic" and is intended above all to take account of the specific pain of miscarriage. 

However, a number of critics have pointed out the incomplete nature of this measure, such as the fact that, for the time being, it only applies to federal civil servants. Furthermore, in order to recognise the pain caused by miscarriage, it would have been consistent to make maternity leave possible before 180 days of pregnancy. We also regret that parents can only give a first name to a child who dies prematurely if the miscarriage occurs after 140 days of pregnancy. Maud Vanwalleghem, a former member of the French parliament, regrets that this issue is being "held hostage" by the political link with abortion. While the aim of this leave is to recognise the pain of losing an unborn child, whatever the stage of pregnancy, several bills tabled in the House since 2019 seek to extend the time limit for abortion from 12 to 18 weeks of pregnancy. This is a paradoxical situation in which, on the one hand, politicians recognise the pain of losing an unborn child when it is desired, but propose no measures to prevent abortion and say nothing about the pain felt by women who are confronted with it.