From 31 March 2021 parents have the right to paid leave following a miscarriage or stillbirth.  This law gives the parents 3 days of additional leave when a pregnancy ends in a stillbirth or a miscarriage, without affecting already existing sick leave.

The additional leave can be used if an employee has worked continuously for 6 months or has worked for an employer for 6 months for an average of 10 hours per week, with at least 1 hour in every week or 40 hours in every month. This entitlement renews every 12 months.

This leave is available at any time during a pregnancy and is available for each miscarriage or stillbirth a person may suffer.  No particular proof of pregnancy, miscarriage or stillbirth is required to take this leave, however it is anticipated that employers may request some form of evidence, such as a GP or Lead Maternity Carer letter to approve leave. This will be a very difficult time for those involved, so the situation will of course need to be sensitively managed.

The leave provisions apply to both mothers and fathers, non-biological parent partners as well as parents planning to have a child through adoption or surrogacy.

New Zealand has become only the second country in the world to provide this leave for grieving parents. India was the first country to introduce this leave.

Leading law firms committed to helping clients cost-effectively will have a range of fixed-price Initial Consultations to suit most people’s needs in quickly learning what their options are.  At Rainey Collins we have an experienced team who can answer your questions and put you on the right track.

Please note that Rainey Collins is not contracted to provide Legal Aid, other than in the Treaty of Waitangi area.  We therefore are unable to take on any Civil or Family Legal Aid work. If you require Legal Aid in those areas, you can search the list of Legal Aid lawyers on the Ministry of Justice website.