While NZ Wins Praise For Miscarriage Leave, India Was The First Country To Have Such A Policy

Aaliyah Jain

New Zealand’s parliament has passed legislation giving mothers and their partners the right to paid leave following a stillbirth or miscarriage, becoming the second country in the world to do so.

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However, do you know which country was the first to have such a law? It was our nation, India. India is the ONLY other country with similar legislation.

India’s Maternity Benefit Act 1961 regulates the employment of women in certain establishments for a certain period before and after the child. The act states that “No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery or her miscarriage.”

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In case of miscarriage, a woman shall, on the production of such proof as may be prescribed, be entitled to leave with wages at the rate of maternity benefit for a period of six weeks immediately following the day of her miscarriage.

-Maternity Benefit Act, 1961

A woman suffering illness arising out of pregnancy, delivery, premature birth of child or miscarriage shall, on production of such proof as may be prescribed, be entitled in addition to the period of absence allowed to her under section 6, or, as the case may be, under section 9, to leave with wages at the rate of maternity benefit for a maximum period of one month.

-Maternity Benefit Act, 1961

However, while New Zealand is giving both mothers and their partners the right to paid leave for suffering bereavement due to miscarriage, in India the same is only offered to women.

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