Miscarriage and stillbirth bereavement leave in New Zealand
Written by Henry Smith · Reviewed by Smiths Insurance & KiwiSaver, licensed Financial Advice Provider (FSP712931) · Updated 2026-10-20 · Reviewed annually, or sooner if the rules it describes change.
Under the Holidays Act 2003, an eligible employee is entitled to a minimum of 3 days' bereavement leave for each miscarriage or stillbirth. It applies to the person whose pregnancy ended, and to their partner and certain other people in the same position, and it is paid at your relevant daily pay for days you would otherwise have worked (Employment NZ: Taking bereavement leave).
This page sets out what the law says. It is general information, not legal advice, and it is written knowing that the reason you are reading it may be a hard one. If you want to talk to someone, grief support in New Zealand lists free services, including Sands for parents who have lost a baby.
What the law provides
Parliament added miscarriage and stillbirth to bereavement leave through the Holidays (Bereavement Leave for Miscarriage) Amendment Act 2021, in force from 31 March 2021. The rules now sit in sections 69 and 70 of the Holidays Act 2003 (latest version dated 20 December 2023). Under section 70, an employer must allow 3 days for each bereavement of this kind. Employment NZ calls 3 days the "minimum", so an employer may agree to more.
Who qualifies
Section 69 says an employee suffers a bereavement on the end of their own pregnancy by miscarriage or stillbirth. It also covers the end of another person's pregnancy if the employee is:
the person's spouse or partner;
the person's former spouse or partner who would have been a biological parent of the child;
someone who had undertaken to be the child's primary carer, which Employment NZ illustrates with a formal adoption or a whāngai arrangement; or
the spouse or partner of someone who had undertaken to be the primary carer.
The statute does not mention surrogacy by name. Whether a surrogacy arrangement fits the "primary carer" wording depends on the facts, so ask Employment NZ or an employment lawyer if that is your situation.
What counts as a miscarriage or stillbirth
For this leave, the Act defines a miscarriage as the end of a pregnancy in the first 20 weeks, other than as a result of abortion services provided under the Contraception, Sterilisation, and Abortion Act 1977. The same abortion exception applies to stillbirth. A stillbirth has the meaning in the Births, Deaths, Marriages, and Relationships Registration Act 2021, which is a baby weighing 400 grams or more, or born after the 20th week of pregnancy (BDMRR Act 2021, section 4). The leave is the same 3 days either side of 20 weeks; there is no separate, longer entitlement for stillbirth in the Holidays Act.
The six-month employment test
Section 63 requires the employee to meet one of two tests:
six months of current continuous employment with the same employer; or
more than six months of work for that employer, averaging at least 10 hours a week, with at least one hour in every week or 40 hours in every month.
Once you meet the test you are entitled to bereavement leave again every 12 months. If you have changed employers recently or work irregular hours, check the test before assuming you are covered (Holidays Act, section 63).
How the leave works in practice
Pay. You are paid your relevant daily pay, or average daily pay if that is not practical, for each day you would otherwise have worked, in the normal pay cycle.
Timing. The days do not have to be consecutive or taken straight away. They can be taken at any time and for any purpose relating to the bereavement.
Telling your employer. Employment NZ says you should tell your employer as soon as possible when you want to take leave.
Annual leave. Your employer cannot make you take bereavement leave as annual holidays, and if you are already on annual holidays when a bereavement happens they must let you take bereavement leave instead for the relevant period. An employer can agree to extra leave beyond the entitlement.
More than one bereavement. If you suffer more than one bereavement at the same time, you may take the leave for each (section 70(2)).
Can your employer ask for proof?
The law is silent about proof of bereavement. Employment NZ says this means that requesting proof cannot be a condition of taking the leave, and that an employer is not prohibited from asking either, so the duty of good faith applies: both sides must communicate honestly and not mislead each other. In practice, a short written notice from you is normal. If an employer insists on medical evidence before agreeing to the leave, that is worth raising with Employment NZ, a union or a community law centre rather than accepting it as a requirement.
Other leave and money to know about
Bereavement leave is one entitlement. Sick leave, parental leave and unpaid leave are separate, and how they fit together depends on your situation and employment agreement; Employment NZ's sick leave and parental leave pages are the place to check. We have not covered parental leave here because we could not confirm the detail for pregnancy loss.
The Employment Leave Act is due to start on 6 August 2028 and replace the Holidays Act (Employment NZ). Employment NZ's page does not give bereavement details yet, so check the current rules if you are reading this later.
If you are planning ahead
Funeral costs are a separate matter from leave. If you want to compare ways to plan for them, see the funeral insurance hub. The buttons on this page lead to Momentum Life's own quote; nothing here depends on them.
Adviser's view
The law is clear on the core entitlement: a minimum of three days per bereavement, for the person whose pregnancy ended and for a defined group of partners and intended carers. It is less clear on proof, which the law neither requires nor forbids an employer to ask for, so good faith decides. If you are unsure whether you qualify, check the six-month employment test first.
Henry Smith, Financial Adviser (FSP1010699). General information, not personalised financial advice.