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Miscarriage Burial Requirements
In the event of a miscarriage there are no legal requirements for burial or for a death certificate. In a way this is sad because there is no official recognition of your baby's life but it is also good because it means that there are no rules about what you can and cannot do. You can hold a ceremony for your baby and/or bury baby somewhere special to you. You can still honour your baby’s spirit with a ceremony even if you have no physical baby to bury. Check out our Remembering page for ritual and keepsake ideas.
There are some cemeteries in New Zealand that have spaces set aside for early loss babies, you may want to search for cemeteries in your area and ask what options they have available. You may also be able to request to bury your baby in the same grave as a relative of yours. For a formal burial there will be fees involved.
If your baby weighs 400 grams or more, or was born after 20 weeks gestation this is considered a stillbirth (1) and does come with burial and registration obligations (2). If you have a stillborn child and you are in a hospital situation the hospital staff will help you with the legal and burial requirements. If you have a stillborn baby at home with no medical professionals you should seek advice from your Lead Maternity Carer or your Primary Health Organisation.
Bereavement Leave
If you have been working for your employer long enough (check your eligibility here) then you are entitled to three days bereavement leave for the death of a child. Since 2021 bereavement leave in New Zealand specifically includes miscarriage and stillbirth. (3) You can learn more about bereavement leave here.
Sick Leave
If have used up your bereavement leave or you do not want to disclose information about your loss to your employer, you may be able to use sick leave (check your eligibility here). You are entitled to five days of sick leave per year. It is good to tell your employer as soon as possible that you want to take leave. A phone call may be best, or your workplace may have its own systems. You may be able to ask a support person to organise this for you. If you have no sick leave left for the year you can ask your employer to give you sick leave in advance, use some of your annual holidays, or you can ask to take unpaid leave. Miscarriage is physically and mentally draining so give yourself some time to recover. (4)
"I had a week off work. During that time I just allowed myself to do nothing and not feel bad or unproductive just accepted I needed some time to deal with the shock, rest and heal, since I ended up in hospital for the physical part of the miscarriage which was quite full on. I talked to family and friends mostly over messenger (because they don’t live nearby) and writing things out was a lot easier than talking to people on the phone. I also visited some friends and talked things over near the end of the week. I also tried to keep active and get back into exercise I enjoyed." - Shea, 2019 (b)
Paid Parental Leave (PPL)
As stated by the NZ Inland Revenue Department on their website, "If you miscarry your baby or your baby is stillborn, you're still entitled to paid parental leave." In order to receive PPL you will still need to meet the usual work requirements as set out on the IRD website. When considering whether to claim PPL after a miscarriage it is important to remember that it may impact your ability to claim PPL if you find yourself pregnant again in the near future, "You are not entitled to paid parental leave if fewer than 6 months have passed since the last payment of paid parental leave you received for another child." (5)
This page was reviewed 08/11/2024