Question: If you have a miscarriage does thi time off work come from sick leave or from something else? My daughter had a miscarriage and this time off work used up all her sick leave.

Answer:

Thank you for your query. My condolences for your daughters loss. Just remember to find solace in the fact that the good Lord needed another special pure angel. This is unfortunately not a commonly addressed subject and I would confidently say that around 98% of employers and employees are totally unaware of what happens in such circumstances.

I am sure my wise editor will ensure that this query is posted on the site as to hopefully assist in clarity.

If an employee has a miscarriage during the third trimester (months 7,8 &9) of pregnancy she is entitled to 6 weeks maternity leave after the event. If this is your daughter case she would need to claim such via the Dept of Labour in a similar vain to a maternity claim. Note that payment is done via the Dept and not the employer. All she would need to do is contact her local Dept of Labour and request assistance and they will guide her through the application. The claim may also be done after the fact as to recoup compensation for unpaid leave periods.This is a free service and the Dept is surprisingly efficient and understanding.

If your daughters miscarriage was prior to the 3rd trimester (Months 1 – 6) her only options would be to utilize all possible leave avenues. The employer can use the following as paid options which are legal and appropriate for the circumstance:

4 days compassionate leave

4 days family responsibility leave (death of a child )

30 days sick leave ( sick leave is provided as 30 days in a 36 month cycle and in the event of emergency can be used in one go – bear in mind then she would have no further paid sick leave for the 36 month cycle)

Thus in total this equates to 38 paid leave days. If further is required she may also request that her annual leave is reallocated and utilized.

She needs to chat with her HR department and facilitate what is necessary.

Hope all pans out! Good Luck!

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