Bereavement Leave: Who Counts as Family in New Zealand Employment Law
Bereavement leave is a legal entitlement for eligible employees in New Zealand, providing paid time off to grieve and attend to matters following the death of a close person. The primary legislation governing this entitlement is the Holidays Act 2003.
Eligibility for Bereavement Leave
An employee becomes eligible for bereavement leave after completing 6 months' current continuous employment with their employer. Alternatively, they qualify if they have worked for the employer for 6 months for an average of at least 10 hours a week and at least 1 hour in every week or 40 hours in every month during that 6-month period [Source: Holidays Act 2003, s 69].
Definition of 'Family' for Bereavement Leave Entitlement
The Holidays Act 2003 outlines specific categories of relationships for which bereavement leave is granted, differentiating between 'immediate family' and 'other persons'.
Immediate Family Members
An employee is entitled to bereavement leave for the death of an 'immediate family member'. The term 'immediate family member' is defined to include [Source: Holidays Act 2003, s 70]:
- A spouse or partner
- A parent (including a step-parent or adoptive parent)
- A child (including a step-child or adoptive child)
- A brother or sister
- A grandparent (including a step-grandparent)
- A grandchild (including a step-grandchild)
- The parent of the employee's spouse or partner (i.e., a parent-in-law)
These relationships also encompass those established through marriage, civil union, de facto relationships, and adoption [Source: Holidays Act 2003, s 70].
Other Persons
An employee may also be entitled to bereavement leave for the death of a person who is not an immediate family member. In such cases, the employer must reasonably determine, after considering specific factors, whether to grant leave [Source: Holidays Act 2003, s 69B(1)]. The factors an employer must consider are:
- The closeness of the relationship between the employee and the deceased person [Source: Holidays Act 2003, s 69B(2)(a)].
- Whether the employee has responsibility for all or any of the arrangements for the death, or has to attend the funeral or tangihanga (Māori funeral ceremony) [Source: Holidays Act 2003, s 69B(2)(b)].
- The impact of the death on the employee [Source: Holidays Act 2003, s 69B(2)(c)].
Entitlement to Days of Bereavement Leave
- Immediate family member: An employee is entitled to 3 days' bereavement leave for the death of an immediate family member [Source: Holidays Act 2003, s 71(a)].
- Other person: If the employer determines that leave should be granted for the death of a person who is not an immediate family member, the employee is entitled to 1 day's bereavement leave [Source: Holidays Act 2003, s 71(b)].
Payment for Bereavement Leave
Bereavement leave days are paid at the employee's 'relevant daily pay' or 'average daily pay' [Source: Holidays Act 2003, s 69C]. 'Relevant daily pay' is the amount the employee would have earned if they had worked on the day the leave was taken. 'Average daily pay' is used if it is not possible or practicable to determine relevant daily pay, or if the employee's daily pay varies significantly [Source: Holidays Act 2003, s 9].
Employer and Employee Obligations
Employees are generally expected to notify their employer as soon as practicable if they need to take bereavement leave. Employers are required to grant bereavement leave to eligible employees in accordance with the Act. An employer may require proof of death before granting bereavement leave [Source: Holidays Act 2003, s 72].
When to Seek Independent Legal Advice
Individuals seeking specific guidance on their employment situation, or who believe their bereavement leave entitlements have not been met, should consult with an employment lawyer or contact a relevant government agency. Community Law Centres throughout New Zealand also offer free legal advice.