After receiving a lot of media attention in the news over the last month, this blog will discuss the new employment law measure which has been introduced in New Zealand, extending maternity leave support to bereaved families. The measure itself and the comparative position of the UK’s existing entitlements will be explored.

TRIGGER WARNING: this blog discusses sensitive issues which may upset some readers.

Re. Miscarriage/Stillbirth

What is the measure?

On the 24th March 2021 the parliament in New Zealand unanimously passed legislation that provides couples who suffer a miscarriage or a still-birth with three days of paid leave. This extends to anyone, regardless of the time of pregnancy. This contrasts to previous provisions which only permitted leave where 12 weeks of pregnancy had passed, and this leave was unpaid. This change will also apply to would-be parents planning to have a child through adoption or surrogacy.

It is important to note that New Zealand is not the only country to include such protections in their laws. For example, India, Taiwan, Mauritius and the Philippines all have paid maternity provisions for female employees who may suffer a miscarriage or still-birth.

What supports do I have in the UK?

In the UK, couples who are employed are entitled to paid bereavement leave in the event of a miscarriage or stillbirth after 24 weeks of pregnancy have passed. This entitlement applies to intended adoptive parents or those under a surrogacy agreement as well.

This leave can be one or two weeks long and taken up until 56 weeks after the miscarriage or stillbirth of the expected child has occurred.

You are entitled to bereavement pay for this period if you have been employed for at least 6 months continuous service which is the same amount as shared parental pay.

However, this means that any individuals who experience bereavement before this time period are not entitled to the measure. However, you may be able to request compassionate leave, annual leave or agree on a period of unpaid leave with your employer.

Are these measures enough?

Despite the provisions highlighted here, more could be done in the UK and abroad to further the employment rights of families in this unfortunate position.

The New Zealand legislation, for example, does not apply to those who seek abortions, and 3 days leave is still relatively short regarding the emotional impact bereaved families may face.

Similarly, the UK perhaps could reform their current position to extend this leave to more families facing bereavement.

If you have experienced loss you can get support at: https://www.miscarriageassociation.org.uk/how-we-help/our-support-services/

If you are unsure of your own employment rights and need support please don’t hesitate to contact us at Ergo Law.

Author: Maili Raven-Adams