The Press

Miscarriag­es should be covered by Holidays Act

- Cecile Meier cecile.meier@stuff.co.nz

Chloe Henri was stunned when her employer told her she did not qualify for bereavemen­t leave after losing her first pregnancy.

The Auckland civil engineer is part of a growing movement calling for an amendment to the Holidays Act to include miscarriag­e as a cause for bereavemen­t leave.

For Henri and her husband Travis, the foetus they lost at 11 weeks in December 2015 was ‘‘a real child’’. She says her employer’s ‘‘lack of support’’ was hurtful.

‘‘Giving me three days’ leave was nothing to them – it wouldn’t cost them much but it’s a gesture to show ‘we’re here to support you’.’’

Henri no longer works for the firm, and only agreed to tell Stuff its name on the condition it was not published. When contacted, the firm’s director said he was unable to comment.

Employees get three days bereavemen­t leave when a child, parent, or partner dies – and some employers offer the same for pets. But when it comes to miscarriag­es, the law is unclear as the Act does not define ‘‘child’’, leaving it to employers to decide if they want to grant leave or not.

Otago writer Kathryn van Beek noticed the gap after she suffered a miscarriag­e in 2016 and has since rallied support for an amendment to the Holidays Act.

Labour MP Ginny Andersen heard the plea and submitted a member’s bill to Parliament in March, proposing to amend the Act to include miscarriag­e as a cause for bereavemen­t leave. The bill was drawn last week.

It was Henri’s first pregnancy – she has since had another three miscarriag­es and is now 26 weeks pregnant.

She found out that first fetus had no heartbeat at a routine scan and took medication to trigger labour. Because of complicati­ons she stayed in hospital five times the month after the miscarriag­e and used all her sick and annual leave.

Her manager refused her request for bereavemen­t leave, she says.

‘‘I sat there, dumbfounde­d, for a few seconds.’’

Her husband’s employer, Fletcher Constructi­on, gave him three days’ bereavemen­t leave and hired a car for Chloe to go to medical appointmen­ts.

About 20,000 women suffer miscarriag­es every year in New Zealand, with one in four pregnancie­s ending that way.

Van Beek says she has spoken to dozens of women through miscarriag­e support groups and found many did not get support from their employers after

suffering a miscarriag­e.

‘‘No one expects to have a miscarriag­e. In our case we’d picked out names, we’d painted the nursery, we’d seen the little heartbeat – we were completely blindsided when we lost the baby,’’ she says.

‘‘I was well supported by my employer, but I was shocked to discover that miscarriag­e is not explicitly covered by the Holidays Act.’’

‘‘Good employers’’ provide miscarriag­e bereavemen­t leave, ‘‘but unfortunat­ely not all employers do, and this is what the proposed change to the Holidays Act seeks to address,’’ she says.

She received 66 messages of support from members of miscarriag­e and baby-loss groups before she contacted Anderson.

Comments included: ‘‘Grief is the only word to describe what my husband and I went through. A year later and it still hurts. It is bereavemen­t, and it should be recognised as such.’’

‘‘I am disappoint­ed how the system treats women who are going through a miscarriag­e. It just makes an already hard process, harder.’’

Andersen hopes there is strong support for the amendment. ‘‘I’ve talked to a lot of women who have felt traumatise­d and unsupporte­d by their employers.’’

Employment lawyer Kathryn Dalziel says women suffering a late miscarriag­e or having a stillbirth after the start of their parental leave can get the full 22 weeks’ Government leave paid in full despite losing the child.

‘‘The Parental Leave Act recognises that women might need that time to deal with the grief and recover. The Holidays Act hasn’t caught up with it.’’

Dalziel says it’s in an employer’s best interests to grant miscarriag­e bereavemen­t leave to build a ‘‘productive relationsh­ip’’.

‘‘I was grateful to my employer when it gave me more than the required three days’ bereavemen­t leave when I lost a parent. I have felt very loyal to this employer.’’

Women and their partners who are denied miscarriag­e bereavemen­t leave can raise an employment relations problem and ask to go to mediation to discuss the matter with their employer.

They can also refer the matter to the Ministry of Business, Innovation and Employment to see if they might talk to the employer about the meaning of the word ‘‘child’’, Dalziel says.

‘‘Giving me three days’ leave was nothing to them.’’ Chloe Henri

 ??  ?? Travis and Chloe Henri have added their voices to calls for the Holidays Act to be amended.
Travis and Chloe Henri have added their voices to calls for the Holidays Act to be amended.

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