Holidays (Bereavement Leave for Miscarriage) Amendment Act 2021

On the 30th March 2021 this Bill received the Royal Assent with the following date as the official commencement date, 31st March 2021.

This Act allows employees to access 3 days of bereavement leave for each period where the employee qualifies.

The Act set outs these amendments by way of adding in at Section 69 of the Holidays Act 2003, that a bereavement as as a result of the death, with the addition of OR... on the end of an employee's pregnancy by way of a miscarriage or still-birth; or on the end of another person's pregnancy, by way of a miscarriage or still-birth, if the employee - is the person's spouse or partner; or is the person's former spouse or partner and would have been a biological parent of a child born as a result of the pregnancy; or had undertaken to be the primary carer (as described in Section 7 (1)(c) of the Parental Leave and Employment Protection Act 1987) of a child born as a result of the pregnancy; or is the spouse of partner of a person who had undertaken to be the primary carer of a child born as a result of the pregnancy.

Miscarriage has been define - miscarriage means the end of a pregnancy in the first 20 weeks of pregnancy other than as a result of abortion services provided in accordance with the Contraception, Sterilisation, and Abortion Act 1977.

Still-birth means a still-birth within the meaning of the Births, Deaths, Marriages, and Relationships Registration Act 1995 other than as a result of abortion services provided in accordance with the Contraception, Sterilisation, and Abortion Act 1977.

For more information about Section 69 please see the following link Holidays Act 2003 No 129 (as at 24 July 2021), Public Act 69 Bereavement leave – New Zealand Legislation