Miscarriage and stillbirth: a guide for NZ employers
Pregnancy loss is surprisingly common in New Zealand, with approximately 1 in 4 pregnancies ending in miscarriage and about 1 in 200 births resulting in stillbirth. This means that many workplaces will have employees who experience pregnancy loss at some point in their careers.
Statutory entitlements
When an employee experiences the loss of a pregnancy, they are entitled to specific leave provisions under New Zealand law:
Bereavement leave
After six months of service*, all employees (permanent, fixed-term, part-time and casual) are entitled to 3 days of paid bereavement leave if they or their partner experience a:
Miscarriage (before 20 weeks), or
Stillbirth (legally defined in New Zealand as the loss of a baby after 20 weeks gestation or a dead fetus weighing 400 grams or more if gestation is unknown)
This entitlement also extends to employees who planned to have a child through surrogacy or adoption if the pregnancy ends by miscarriage or stillbirth.
* Either they have worked for the employer continuously for 6 months, or they have worked for the employer for 6 months for an average of 10 hours per week and at least 1 hour every week or 40 hours every month.
Parental leave
Primary carers who are entitled to primary carer leave remain entitled to take this leave if they experience a miscarriage or stillbirth.
They also remain eligible to receive government-paid parental leave provided:
They meet the relevant eligibility work test,
They have not transferred the entitlement to parental leave payments to their spouse or partner, and
They have not returned to work since their payment period begins (this begins when they start parental leave or when they give birth, whichever is earlier).
If the employee wishes to return to work early, they can do so with 21 days' notice.
Best practices for supporting employees
Beyond statutory requirements, consider the following approaches:
Extended leave: Consider offering additional paid or unpaid leave beyond the statutory 3 days, recognising that grief doesn't follow a fixed timeline.
Flexible return: Offer a gradual return-to-work plan that might include reduced hours or working from home initially.
Confidentiality: Respect the employee's privacy and let them guide how much information is shared with colleagues.
Check-in regularly: Brief, compassionate check-ins show ongoing support without pressuring the employee.
Support services: Remind employees about Employee Assistance Programs if your organisation offers them. Direct them to external support resources, such as Whetūrangitia, a government website that provides information and support for families and whānau who experience the loss of a baby or child.
Creating a supportive policy
Consider developing specific provisions for pregnancy loss in your parental leave policy or general leave policy that are easily accessible to all employees. This will demonstrate your organisation's commitment to supporting employees through difficult times and ensure consistency in how these situations are handled.
Need a hand improving your policy or modelling the cost?
We can share our insights from creating the largest NZ database of verified employer parental leave policies, many of which now include additional provisions for pregnancy loss.
Now for the important legal part: The information we provide is general and not regulated financial advice for the purposes of the Financial Markets Conduct Act 2013. Please seek independent legal, financial, tax or other advice in considering whether the content in this article is appropriate for your goals, situation or needs. The information in this article is current as at 7 April 2025.
Stephanie Pow
Founder & CEO of Crayon
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