Andersen GinnyHOLIDAYS (BEREAVEMENT LEAVE FOR MISCARRIAGE) AMENDMENT BILL (NO 2)First ReadingGINNY ANDERSEN (Labour): I move That the Holidays (Bereavement Leave for Miscarriage) Amendment Bill (No 2) be now read a first time. I nominate the Education and Workforce Committee to consider the bill. Current legislation provides that New Zealanders are entitled to bereavement leave after the loss of a family member or a child but it is currently unclear whether that includes loss through miscarriage or stillbirth. Currently the bereavement provisions within the Holidays Act 2003 are ambiguous in their application to this particular area. Employees are entitled to three days' bereavement leave on the death of a child but it is unclear whether this would also apply to a pregnancy that ends in miscarriage or stillbirth. This means that an employee's entitlement to take leave is left to the discretion of their employer. An employee would otherwise need to take sick leave or annual leave depending on whether they had it available. Because the law is unclear it can lead to disputes between employees and employers regarding the entitlement to bereavement leave at a particularly sensitive time in someone's life. My bill proposes a simple change that allows existing bereavement leave to be automatically made available for those who have had a miscarriage or stillbirth. This leave would be made available to both the mother and her partner as both parents are affected. Miscarriage is the term used for the loss of a pregnancy up to the 20th week of gestation. The loss of a pregnancy after that date is known as stillbirth. The overwhelming majority of miscarriages happen before 13 weeks. One in every four New Zealand women has had a miscarriage with over 20000 miscarriages occurring each year in our country. For something that occurs so much we do not talk about it that often. While this bill may be a small and simple change in legislation if passed it will make a significant difference. I know this as nearly 7000 people have signed a petition in support of this particular legislative change. Along with these signatures many women have written with their stories of miscarriage experiences. They've also described the process of engaging with an employer afterwards. While there were many instances of good employers providing adequate time for families to grieve there were also accounts of women who were not afforded any time to recover whether that was physically or emotionally. The most common concern raised was that women were unsure of their rights. They did not want to ask for leave at a time when they were feeling vulnerable. More than one stated that they did not want to cause a fuss or to enter into a dispute with their employer at a sensitive time such as this. They just got on with life. One particular account that has remained with me was from a woman in the Hutt Valley who found out that her baby's heart was no longer beating. She was advised by her health professional to wait until she miscarried and that further medical steps would be taken if the process did not occur naturally. At this time she needed to work and she travelled into Wellington and back each day on the train fearful each day that she would miscarry while away from home. What she had wanted was to be with her partner to feel safe and supported in her own home and to have the time to pack away the things she had purchased for the nursery. I believe no woman should have to go through this. The measure of our society is how we look after people. I believe that New Zealanders are compassionate and this proposed change in law will demonstrate that we care. Many women spoke about how they felt: ashamed sometimes embarrassed fearful of being judged and concerned that others would find out what had happened. While it is important that this bill provides greater certainty in employment law it is just as important for the message that it sends. For too long issues related to women's bodies sexual health and reproductive rights have been treated as topics that are not up for public discussion. I believe we owe it to ourselves and the next generation to change this. Being embarrassed or made to feel ashamed helps no one. The more we talk debate and encourage openness the more informed we will be. There have been some significant issues debated in this very House this year. As a new MP it has heartened me to see the maturity and the level of agreement on issues that people feel so strongly about and that affect the lives of so many. I've spoken to all parties represented in this House and I hope to have their continued support for this bill. I was genuinely surprised at the extent of international interest in this bill when it was first drawn last year. Not just Newstalk ZB but also CNN BBC World The Guardian The Independent and Marie Claire reported on our country being one of the few in the world to introduce legislation that enabled bereavement leave to be taken for miscarriage. As part of that coverage the question was raised as to whether this bill applies to abortion. It does not. It specifically relates to miscarriage and to stillbirth. First it is important to note that the origin of this bill was from a member of the public who had miscarried and who wished to access bereavement leave but was unsure of whether she was entitled to it. Second I want this bill to pass. There is a genuine need for New Zealand men and women to have time to grieve when a pregnancy ends in miscarriage or stillbirth. This is a simple member's bill that will provide some support to families in need. There are a few people that I would like to acknowledge. Firstly Kathryn van Beek this is really your bill. Thank you for having the courage to raise this as an issue and to bring it to your local member of Parliament. You have been a strong advocate for women. I am proud and grateful to live in a country where a member of the public can identify a problem bring it to an MP and potentially change the law to help many others. I would like to acknowledge my colleague Clare Curran who was that member of Parliament that Kathryn van Beek initially approached with this as an idea. I would like to acknowledge those unions who have already put this as a provision within collective agreements since the bill was first drawn. To my mum who had more than one miscarriage and was brave enough to talk to me about it and the impact it had on her. I would like to thank the hundreds of men and women who have taken the time to write or contact me to voice their support for this bill. I hope there is enough support in this House for it to proceed to select committee so that many others get the opportunity to have their views heard and their stories told. The bill would also be strengthened with the benefit of the public submissions process. It currently provides that bereavement leave is able to be taken on the unplanned end of an employee's confirmed pregnancy by way of miscarriage or stillbirth. Further advice and information gained through the select committee submissions process will be important in order to understand the best way for this new provision to be accessed by the public and also for it to practically operate. Losing a baby unexpectedly is a painful experience for parents and whānau. No legislation will ever have the power to heal that loss but this bill can give a bit more than what we have now giving the certainty to families that they will have at least some time to grieve. I commend the bill to the House.