New Zealand lawmakers approve miscarriage bereavement leave bill News
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New Zealand lawmakers approve miscarriage bereavement leave bill

The New Zealand Parliament passed the Holidays (Bereavement Leave for Miscarriage) Amendment Bill (No 2) on Wednesday, providing three days bereavement leave for mothers and partners after a miscarriage or stillbirth. The bill was presented by Labour MP Ginny Anderson who highlighted the importance of providing time to recover physically and mentally recover from grief at the unexpected end of a pregnancy.

The bill primarily seeks to clear the ambiguity surrounding bereavement leave entitlements following the unexpected end of pregnancy by miscarriage or stillbirth. It provides a three-day leave period consistent with the leave entitlement under Section 69 of the Holidays Act for employees who experience the death of a family member.

The clarification is necessary because not all employers offer a bereavement leave after miscarriage or stillbirth, which causes employees to use up their sick leave at the time of loss. Without legal clarity, many employees, especially women, tend to remain silent about their rights and silently suffer during a particularly painful time.

Anderson stated, “the grief that comes with miscarriage is not a sickness, Mr. Speaker, it is a loss and that loss takes time.” She explained that couples need time to recover from their grief together, without the looming pressure of loss of income or using up their sick leave.

The bill also expands eligibility for the leave beyond the person experiencing the unplanned end of pregnancy to include parents waiting to adopt or using a surrogate. In the House, Anderson explained that the emotional planning and investment of such parents who may not be able to conceive by themselves should also be recognised. Similarly, the bill includes the former spouse or partner of the pregnant spouse who would have been the biological parent of the child. Anderson again explained the rationale of the same, stating that breakups of couples do not diminish the grief experienced by both biological parents, in fact, it can often be exacerbated.

In her speech, Anderson highlighted the “overwhelming” number of people suffering in silence and expressed hope that the bill would bring the opportunity to have a conversation about the stigma around miscarriage as well as encourage more compassionate and fair legal systems around the world.

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