You may be eligible for compassionate leave or unpaid parental leave if you’ve had a stillbirth or miscarriage.
Compassionate leave
Employees can take 2 days of compassionate leave if:
- a baby in their immediate family was stillborn, or
- they have had a miscarriage.
Full and part-time employees can take paid compassionate leave. Casual employees can take unpaid leave.
Unpaid parental leave
You may be able to take up to 12 months of unpaid parental leave if you experience:
- a stillbirth, or
- the death of a child during the first 24 months of life.
You may choose to reduce or cancel any unpaid parental leave and return to work. This needs to be done in writing. If the leave has not started, you can cancel it without notice. If the leave has already started, you will need to give at least 4 weeks’ notice.
Returning to work is your choice. Your workplace cannot direct you to return to work or cancel your unpaid parental leave in this situation.
You cannot take unpaid parental leave if the leave is cancelled before it starts. In this case, you may be able to take:
- paid personal leave
- unpaid special maternity leave.
To obtain more information regarding maternity leave and related benefits after a miscarriage, it is advisable to review your employer’s policies and consult with relevant government agencies or human resources departments. They will be able to provide specific guidance on your entitlements and any available leave options in such circumstances.