In what is being hailed as historic and revolutionary legislation, New Zealand, led by Prime Minister Jacinda Ardern, passed the miscarriage bereavement law, approving paid leave for grieving families in case of such a life event – If a pregnancy results in miscarriage or stillbirth, parents can avail three days of paid leave, which will not eat into their sick leave days. Interestingly, the only other country in the world to have a similar legislation is India, recognising miscarriage grief by law since 1961. However, the law in India is currently not gender-neutral, and is available only to women.
Understanding the law
The Maternity Benefit (Amendment) Act, 1961 states, “In case of miscarriage, a woman shall, on production of such proof as may be prescribed, be entitled to leave with wages at the rate of maternity benefit for a period of six weeks immediately following the day of her miscarriage.” This means, on the submission of medical reports, a woman employee is entitled to six weeks of paid leave immediately following the day of her miscarriage or, as the case may be, her medical termination of pregnancy. Besides six weeks of paid miscarriage leave, employees are also entitled to an additional one month of paid leave in case of sickness arising out of miscarriage, the law states, “Woman suffering illness arising out of pregnancy, delivery, premature birth of child, or miscarriage, shall, on production of such proof as may be prescribed, be entitled in addition to the period of absence allowed to her under section 6, or, as the case may be, under section 9, to leave with wages at the rate of maternity benefit for a maximum period of one month.” The Act also vetoes employers from imposing strenuous work or activity on pregnant women, which may result in damage to health, or lead to risks of miscarriage.
How can one avail this?
To be eligible to avail of miscarriage leave, a woman must have worked at least 80 days in an organisation over a period of one year before a miscarriage. Wilful termination of pregnancy (abortion) is not included in this Act. Women are required to submit relevant medical proof from the hospital for miscarriage. There is no upper limit mentioned in the Maternity Act on the number of times a grieving woman can avail of miscarriage leave in India.