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Disclaimer: Educational purposes only. Not legal advice. Consult a qualified NZ legal practitioner for your specific circumstances.

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employment

How much bereavement leave do you get?

Key Takeaway

In New Zealand, eligible employees are entitled to paid bereavement leave. Three days are granted for the death of a close relative, such as a spouse, child, or parent. One day is available for other bereavements, where the employer accepts the employee has suffered a loss. Employers may grant additional leave at their discretion.

What is Bereavement Leave?

Bereavement leave is a type of paid leave that allows an employee time off work to grieve the death of a person [Source: Holidays Act 2003, s 69]. It is designed to provide support during a difficult time without loss of income.

Eligibility for Bereavement Leave

An employee is entitled to bereavement leave if a member of their family dies or if their employer accepts that the employee has suffered a bereavement [Source: Holidays Act 2003, s 69(1)]. Unlike some other leave types, there is no minimum service period required for an employee to be eligible for bereavement leave; it is available from the first day of employment [Source: Holidays Act 2003, s 69].

How Much Bereavement Leave Can Be Taken?

The amount of bereavement leave an employee is entitled to depends on their relationship with the deceased person:

  • Three Days Leave: An employee is entitled to 3 days of paid bereavement leave on the death of a "close relative" [Source: Holidays Act 2003, s 69(2)(a)].
  • One Day Leave: An employee is entitled to 1 day of paid bereavement leave on the death of a person where the employer accepts the employee has suffered a bereavement [Source: Holidays Act 2003, s 69(2)(b)].

Employers may grant more bereavement leave than the minimum entitlement if they choose to, or grant leave for deaths not covered by the standard definitions, based on factors such as the closeness of the relationship with the deceased and the employee's responsibilities for arranging the funeral or dealing with the estate [Source: Holidays Act 2003, s 70].

Who is a "Close Relative"?

The Holidays Act 2003 defines a "close relative" to include [Source: Holidays Act 2003, s 69(3)]:

  • The employee's spouse or partner.
  • A child of the employee.
  • A parent of the employee.
  • A grandparent of the employee.
  • A sibling of the employee.
  • A guardian of the employee.
  • A child, parent, grandparent, or sibling of the employee's spouse or partner.

Payment for Bereavement Leave

Bereavement leave is paid at the employee's "relevant daily pay" or "average daily pay" [Source: Holidays Act 2003, s 70].

  • Relevant daily pay is the amount the employee would have earned on the day the leave was taken [Source: Holidays Act 2003, s 9(1)]. This includes regular wages, salary, and any regular allowances.
  • Average daily pay is calculated by dividing the employee's gross earnings for the 52 weeks before the leave by the number of whole or part days on which the employee earned those earnings, up to a maximum of 260 days [Source: Holidays Act 2003, s 9A]. Average daily pay is used when it is not possible or practicable to determine an employee's relevant daily pay.

Employee Obligations

An employee intending to take bereavement leave must advise their employer as soon as possible [Source: Holidays Act 2003, s 71]. The employer may also request reasonable proof of the death or of the relationship between the employee and the deceased person [Source: Holidays Act 2003, s 71].

When to Seek Independent Legal Advice

Individuals seeking to understand their specific entitlements or obligations regarding bereavement leave, or those who believe their rights under New Zealand employment law have been breached, should consult an employment law specialist. They may also contact a Community Law Centre for free legal advice. Additional guidance is available from Employment New Zealand.

Key Resources