General policy statement
Currently the bereavement provisions of the Holidays Act 2003 are ambiguous in their application to miscarriage. Employees are entitled to 3 days’ bereavement leave on the death of a child under section 69(2)(a)(iii), but it is unclear whether a foetus is covered by the word “child”
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This ambiguity may lead to disputes between employees and employers regarding entitlement to bereavement leave. In many instances, employees are forced to use sick or annual holiday leave.
This Bill would remove this ambiguity by making it clear that the unplanned death of a foetus constitutes grounds for bereavement leave for the mother and her partner or spouse and that the duration of the bereavement leave should be up to 3 days (in line with other deaths in the immediate family).