Pregnancy termination: A guide for NZ employers
Pregnancy termination decisions are deeply personal and often emotionally complex. Creating a supportive environment where employees feel respected and understood can significantly impact their wellbeing during a challenging time.
In New Zealand, approximately 13,000 terminations are performed annually, affecting people across all workplaces. Research suggests that around one in four women will have a termination at some point in their lives, making this a common workplace consideration despite rarely being discussed openly.
Statutory entitlements
Unlike miscarriage or stillbirth, bereavement leave is not available specifically for pregnancy terminations, whether planned or medical.
Available leave options
Sick leave: Employees may use their sick leave entitlements to take time off work after having a termination.
Annual leave: This is another option for employees who need time away.
Unpaid leave: Employers can consider offering unpaid leave if an employee has exhausted other leave options.
Approaching these conversations with sensitivity
Termination of pregnancy is a deeply personal matter. Many employees won’t feel comfortable sharing their circumstances with you. If they do, as an employer, it's important to:
Respect privacy: Employees may or may not want to disclose why they're taking time away. Under New Zealand privacy law, they are not obligated to share the specific reason for using sick leave. While they must indicate the type of leave they're taking (e.g., sick leave), they can decide how much detail to provide about their specific circumstances.
Avoid assumptions: Don't assume you know the circumstances or reasons behind a termination.
Focus on support: Keep the conversation centred on what the employee needs rather than the details of their situation.
Best practices for supporting employees
Communication guidelines for managers
When an employee does share information about a termination:
Listen without judgment: Acknowledge their feelings without offering personal opinions.
Be clear about entitlements: Provide straightforward information about leave options.
Follow up appropriately: Check in periodically, but respect boundaries if the employee prefers privacy.
Communicating with the wider team: When communicating about an employee's absence to other team members, only share that they are on leave unless the employee explicitly says otherwise. Never disclose medical details or specifics.
Handling medical certificates and documentation
When sick leave is used for pregnancy termination:
For absences of three or more consecutive days, you may request a medical certificate, but you must respect that these certificates only need to state the employee is unwell and unable to work. It does not need to disclose specific medical details or procedures.
For absences of less than three days, you can only request a medical certificate if you, as the employer, cover the cost.
All medical information should be kept strictly confidential, with access limited to only those who absolutely need to know.
When managers have personal reservations
Some managers may have personal, religious, or moral views about termination. In these cases:
Consider having another appropriate manager or HR professional handle these conversations.
Ensure the handover is done respectfully without the employee feeling "passed off".
Remember that regardless of personal views, all employees are entitled to support and leave entitlements.
Focus on creating a supportive, non-judgmental workplace for all employees.
The priority is the wellbeing of the employee during what may be a difficult time.
Beyond the basics
Consider offering:
Additional paid leave: Some employers provide special compassionate leave for these situations.
Flexible return: Gradual return-to-work plans can help employees transition back.
Remote work options: Temporary work-from-home arrangements can provide needed privacy.
Creating a supportive policy
While not legally required, consider developing a specific policy that:
Clearly outlines available leave options
Establishes confidentiality protocols
Offers flexible work arrangements upon return
Provides information about counselling resources or EAP services
For further enquiries
While we work to keep our information current, the last word lies with the relevant government agencies:
Contact Inland Revenue (IRD) about government-paid parental leave, including payment eligibility, keeping-in-touch hours, application processes, rates, or transferring payments.
For everything else related to parental leave entitlements, contact the Ministry of Business, Innovation and Employment (MBIE) through Employment New Zealand.
Need a hand improving your policy or modelling the cost?
We can share our insights from creating the largest NZ database of verified employer parental leave policies, some of which now include provisions for terminations.
Now for the important legal part: The information we provide is general and not regulated financial advice for the purposes of the Financial Markets Conduct Act 2013. Please seek independent legal, financial, tax or other advice in considering whether the content in this article is appropriate for your goals, situation or needs. The information in this article is current as at 17 May 2025.
Stephanie Pow
Founder & CEO of Crayon
