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Item 9 - Pregnancy Loss Scheme

West Dunbartonshire Council · 1 February 2023
Back to Corporate Services Committee — 1 February 2023 and its agenda

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WEST DUNBARTONSHIRE COUNCIL
Report by Chief Officer – People & Technology
Corporate Services Committee: 1 February 2023
___________________________________________________________________
Subject: Pregnancy Loss Scheme
1. Purpose
1.1 The purpose of this report is to inform the committee of the development of a
Pregnancy Loss Scheme and gain approval for implementation.
2. Recommendations
2.1 The Committee is asked to approve the Pregnancy Loss Scheme (attached at
Appendix 1).
3. Background
3.1 West Dunbartonshire Council is committed to supporting its’ employees and,
in line with the People First Strategy, putting people and good people practice
are at the heart of the organisation. The Pregnancy Loss Scheme is a new
scheme, which aims to support employees and their partners, and has been
designed to provide guidance and a compassionate response to employees
who experience pregnancy loss.
3.2 The Scheme is applicable to Local Government Employees, Teachers, Chief
Officers and Craft/Quasi-craft workers.
3.3 The Pregnancy Loss Scheme recognises the implications of, and
responsibilities under, the Equality Act 2010 and enhances the support and
assistance available to employees coping with pregnancy loss. It also adopts
the principal and commitment of Article 8 of European Convention on Human
Rights, which “protects your right to respect for your private and family life.”
4. Main Issues
4.1 It is the intention of the scheme to fully encompass statutory entitlements for
employees who experience pregnancy loss. The scheme outlines the support
available, and advice that may be useful, should an employee need it at a
difficult time. Due to the nature of the topic, it is appropriately sensitive to keep
this separate from other family related policies.
4.2 The scheme is in line with relevant employment legislation including the
Employment Right Act 1996 and the Maternity and Paternity Leave
ITEM 9

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Regulations 1999. Further occupational entitlements under the Scheme for
noting are: 
• Employees who suffer neo-natal loss even at any point will be entitled to
Maternity rights and benefits;
• Employees who have been affected by pregnancy loss (including partners
subject to discretionary Manager approval and those affected by loss through
fertility treatment from the point of embryo transfer) will be eligible for paid
leave under this scheme if they are not able to access either Maternity or
Parental Bereavement Leave. Although this is not currently a legislative
requirement for pregnancy loss under 24 weeks, as a guide the Council will
give up to 5 days paid leave pro-rata. There is no limit to the number of times
this leave can be taken to support employees at this difficult time.
4.2 A guidance note for managers will accompany this scheme to ensure effective
implementation of the Scheme. The Guidance Note for Managers will include:
• Key information and definitions to ensure understanding of Pregnancy
Loss;
• The support mechanisms available for all employees going through
pregnancy loss; and
• Supporting information to guide managers in implementing the scheme.
5.0    Key change drivers
5.1 West Dunbartonshire Council signed up to the Pregnancy Loss Pledge on 3rd
March 2022 and is therefore a driver for implementing a pregnancy loss
scheme.  The Council was delighted to commit to the Pregnancy Loss Pledge
and welcomed the opportunity to highlight the work already undertaken and
further developing to support employees who are affected by pregnancy loss.
5.3 A benchmarking exercise across Scottish Local Authorities was undertaken to
review similar policies/schemes. None were identified from those that replied
so there is also an opportunity to share our good practice more widely in Local
Government. Further research explored Schemes currently offered in
organisations such as Channel 4 and the CO-OP. This scheme has been
developed based on these best practice example schemes including
employee supports, leave entitlements (for all employees) and support when
returning to work.
5.4 Further changes are expected should the Neonatal Care (Leave and Pay) Bill
be enacted in relation to additional leave for parents of neo-natal babies. This
may not be implemented until 2024-25.
6.0 Next steps
6.1 On approval of this scheme the Maternity Scheme, Paternity and Maternity
Guidance, Bereavement Scheme and Special Leave Policy will be updated
accordingly to reflect these provisions and links to this Scheme. Although not
all policies/schemes will require material changes in policy there may be a
change to the special leave policy to incorporate the paid leave for pregnancy

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loss prior to 24 weeks and Maternity Scheme & Guidance in relation to neo-
natal loss including that shared parental can only be taken following neo-natal
loss where this was already booked in advance. Policies will be bought back
to Committee should there be material changes in line with the Policy
development framework.
6.2 The new scheme will be communicated through workforce updates, newsfeed
articles, Trickle – the Council’s engagement platform and briefing notes
provided for managers to share at team meetings. Wellbeing Advocates will
also be used as a critical communication channel. The HR team will use email
signature messaging to promote the scheme in all of their correspondence.
TU Convenors and Representatives and Chief Officers will be asked to also
circulate the introduction of the new scheme ensuring it reaches all
employees. 
7. People Implications
7.1 The introduction of this Scheme will promote awareness in relation to
Pregnancy Loss and will ensure effective processes are available to support
employees who have suffered such a loss.
7.2  The Scheme for employees is accessible on the Council intranet.
8. Financial and Procurement Implications
8.1 Any financial implications associated with this Scheme will be in relation to the
provision of paid leave for this purpose. However, the benefits of supporting
employees at this difficult time, mitigating the need for other leave to be taken
such as sick leave is in support of our People First Strategy and family friendly
policies.
9. Risk Analysis
9.1 Application of the new scheme will support employees going through a very
difficult time and confirm available entitlements.
10. Equalities Impact Assessment (EIA)
10.1 An EIA was conducted and approved on 16th March 2022.  Please see
Appendix 2. Due to the delay in this coming forward for agreement this has
been reviewed and its contents remain relevant with no further amendments
required.
11. Consultation
11.1 The formulation of The Pregnancy Loss Scheme was informed by feedback
from Human Resources, employees and Trade Unions.

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11.2 Agreement to the Scheme has been provided by Unite, GMB and Unison and
EIS on behalf of the Education Trade Unions.
12. Strategic Assessment
12.1 This report directly supports the Council’s People First Strategy ensuring this
Scheme is aligned to the ethos in providing meaningful and tangible support
to employees.
Victoria Rogers
Chief Officer – People and Technology
Date: 16th January 2023
Person to Contact: Ilene McCollum HR Advisor, Church Street, Dumbarton
Tel:  07909 520457
Email: ilene.mccollum@west-dunbarton.gov.uk 
Appendices: Appendix 1 – Pregnancy Loss Scheme
Appendix 2 – Equality Impact Assessment
Background Papers: None
Wards Affected: None