Miscarriage is the involuntary loss of an embryo or fetus before it reaches 20 weeks of gestation.
A miscarriage refers to the natural ending of a pregnancy before the embryo or fetus is developed enough to survive outside the womb, typically defined as before 20 weeks. It can be a deeply emotional and physically challenging experience for the would-be parents. In the context of employment, understanding miscarriage is important for compassionate leave policies and workplace support.
Under the National Employment Standards, an employee can take 2 days of compassionate leave if they, or their spouse or de facto partner, have a miscarriage. It is paid for permanent employees and unpaid for casuals. An employee who is not fit for work after a pregnancy ends after at least 12 weeks may also be able to take unpaid special parental leave or use paid personal/carer's leave. Different parental leave rules apply if a baby is stillborn. Private, supportive conversations and flexible return-to-work arrangements help employees through a difficult time.
See compassionate leave and our guide to immediate family leave.
General information only
This content is general information about Australian employment law, current at the date it was last reviewed. It does not take your circumstances into account and is not legal advice. For advice about your situation, call Employment Compass on 1300 144 002.
Last reviewed: October 2026
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