New Zealand's Paid Bereavement Leave for Miscarriage Explained

Originally published 2021-03-30.

On 24 March 2021, New Zealand's parliament voted unanimously to give workers three days of paid bereavement leave after a miscarriage or stillbirth. The change applies to the person who was pregnant and to their partner, and also to people who were expecting a child through adoption or surrogacy. Before the law, many people who lost a pregnancy had to use sick leave or argue with their employer about whether bereavement leave applied to them at all.

New Zealand was not the very first country to recognise pregnancy loss at work, but it became one of the few to write paid leave for both parents into national employment law. Here is what the law does, why it was needed, and how it compares with other countries.

New Zealand's parliament has just unanimously passed legislation giving mothers and their partners three days of bereavement leave following a miscarriage or stillbirth.https://t.co/ClWUxV8UFj

— GeeW BlueNote 🌊#BLM @LFC @AllBlacks 🇳🇿 (@WedsGee) March 24, 2021

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What the law gives workers

The Holidays (Bereavement Leave for Miscarriage) Amendment Act changed New Zealand's Holidays Act, which already gave employees three days of paid leave when a close family member died. The amendment makes clear that the end of a pregnancy by miscarriage or stillbirth counts as a bereavement.

• How much leave: three days, paid at the worker's normal rate.
• Who can take it: the person who was pregnant, their spouse or partner, and people who were going to become parents of the child through adoption or a surrogacy arrangement.
• Normal eligibility rules still apply: the standard conditions for bereavement leave, such as length of service, are set out by Employment New Zealand.

Anyone in New Zealand checking their own situation should look at the current guidance on the Employment New Zealand website, since rules and eligibility details can change over time.

Why it mattered: how common pregnancy loss is

Miscarriage is far more common than many people realise. Around 10 to 20% of known pregnancies end in miscarriage, and about 80% of miscarriages happen in the first 12 weeks. Because so many losses happen early, often before a pregnancy has been announced, they are frequently grieved in private.

That silence can make recovery harder. A British study reported by the American Psychological Association found that roughly 15% of women who miscarry experience significant depression or anxiety, sometimes for up to three years. A 17% figure that often circulates with this topic is a different statistic: it is the approximate share of US pregnancies that end in miscarriage, not a depression rate. Partners grieve too, though their loss is often overlooked.

San Diego clinical psychologist Janet Jaffe has argued that the loss is underestimated precisely because it is so common, describing miscarriage as "a traumatic loss, not only of the pregnancy but of a woman's sense of self."

The MP behind the bill

The law began as a member's bill from Ginny Andersen, a Labour MP who later represented Hutt South and went on to become a government minister. Her bill was drawn from the ballot in 2018, when she said miscarriage was still a taboo subject in New Zealand and that unclear rules had left some women arguing with employers over whether they could take leave.

When the bill passed, she summed up its purpose in one line that was widely quoted: people need time to recover "because their grief is not a sickness, it is a loss." The idea was to separate pregnancy loss from illness, and to encourage more open conversation about an experience many families go through quietly.

Final reading of my Bereavement Leave for Miscarriage Bill. This is a Bill about workers’ rights and fairness. I hope it gives people time to grieve and promotes greater openness about miscarriage. We should not be fearful of our bodies. pic.twitter.com/dwUWINVjLm

— Ginny Andersen (@ginnyandersen) March 24, 2021

How New Zealand compares with other countries

India was ahead of New Zealand in one respect. Under India's Maternity Benefit Act, a woman is entitled to six weeks of paid leave after a miscarriage or medical termination of pregnancy. That provision, however, covers only the woman, not her partner, and applies within the scope of India's maternity benefit system.

The United States has no federal paid leave for pregnancy loss. Some employers offer it voluntarily. Reddit, for example, was reported in 2021 to give eight and a half weeks of fully paid leave to any employee who experiences a pregnancy loss, whether they were pregnant or their partner was. Such policies were rare, and many American workers returned to work within days.

Since 2021, more governments and companies have discussed similar measures, and New Zealand's law is often cited as an example. Policies differ widely in length, in who is covered and in whether leave is paid, so anyone outside New Zealand should check the rules in their own country and their employer's policy.

What changes in practice

For workers, the law removes an awkward and painful conversation. Someone who loses a pregnancy no longer has to prove they are "sick" or negotiate with a manager while grieving. Partners can take leave too, which acknowledges that the loss is shared.

For employers, the cost is modest: three days per bereavement, under a framework that already existed. Advocates argue the change also brings benefits, such as staff who feel supported and fewer people returning to work before they are ready.

For the wider public, the law signals that pregnancy loss is a real bereavement. That recognition can matter as much as the days off.

If you have experienced a pregnancy loss

Grief after miscarriage or stillbirth can take many forms: sadness, guilt, anger, numbness, or anxiety about future pregnancies. All of these are common reactions. Most people who have had a miscarriage go on to have a successful pregnancy later, but that does not cancel the loss.

If you are struggling, talk to a doctor or midwife, who can also point you to counselling. Support organisations for pregnancy loss exist in many countries and offer helplines for both parents. Partners are welcome to seek support too.

Sources: 1News (TVNZ); Today.com; Upworthy; Employment New Zealand: Bereavement leave; Wikipedia: Miscarriage; Wikipedia: Ginny Andersen; NHS: Miscarriage.