Our hearts went out to Lily Allen this week, after she announced that her and her partner Sam had lost their baby around six months into her pregnancy; the second miscarriage the 25-year-old has suffered.

This sad news has prompted lots of people to ask me this week about mothers’ rights and maternity leave entitlement after a miscarriage.

For many women, the thought of going back to work after a miscarriage or a stillbirth will be the furthest thing from their mind.

So what exactly are your maternity rights under these circumstances – and can your employer make them go back to work right after a miscarriage?

For mothers, their right to take maternity leave during this time depends on how far into the pregnancy they are. A miscarriage is defined as the death of a baby before the 24th week of pregnancy, and under these circumstances, the right to maternity leave will not exist.

Instead time off is taken under the employee’s normal sick pay arrangements.  This will pay a minimum of Statutory Sick Pay (as long as they have met National Insurance requirements) and additional pay if their contract provides for contractual sick pay.  No matter how much pay you are entitled to receive, you are permitted to take as much time off as you need, as long as you receive a note from your GP. It would be sex discrimination if your company states that miscarriage is not covered under the sick pay scheme. Employers cannot discriminate against mothers who are absent due to pregnancy-related sick leave.

If a mother loses a baby after the 24-week mark, then the hospital will issue a certificate of stillbirth. When this happens, women are awarded the same employment law rights and protection as mothers whose babies are born alive. They can therefore continue to take time off under maternity leave if their maternity leave has already started or if the baby is stillborn before the mother has started her maternity leave, it will begin automatically.

Women are eligible for 52 weeks maternity leave, no matter how long they have been employed at the company. Their entitlement to Statutory Maternity Pay will depend on their length of service and it should also be remembered that holidays continue to accrue during maternity leave.

By Sarah Calderwood, employment law specialist at law firm Slater Heelis – www.slaterheelis.co.uk/employment