In New Zealand, bereavement leave is a statutory entitlement under the Holidays Act 2003, providing employees with time off to cope with the death of a close family member, or someone significant to them. In this article, we’ll explore your employee rights to bereavement leave, including eligibility, your entitlements, your employer’s obligations, and how potential disputes over bereavement leave can be resolved.
What is Bereavement Leave?
Bereavement leave is a form of paid leave that allows employees to take time off work following the death of a family member, or another person with whom they had a close relationship with.
It is designed to provide time for grieving, attending funerals, and handling related personal affairs. The law recognises that grieving is a deeply personal process, and bereavement leave policies aim to accommodate employees’ emotional and/or cultural needs.
Who is Eligible for Bereavement Leave?
Under the Holidays Act 2003, employees are entitled to bereavement leave if they meet the following conditions:
They have worked for at least 6 months continuously for their employer.
They have worked for 6 months intermittently, provided they have worked at least an average of 10 hours per week, including 1 hour per week or 40 hours per month over that period.
This means that full-time, part-time, and some casual employees can qualify for bereavement leave as long as they meet the 6-month employment criteria.
Bereavement Leave Entitlements
Employees who qualify for bereavement leave are entitled to paid leave as follows.
3 days for the death of a close family member, including:
Spouse or partner
Parent
Child
Sibling
Grandparent
Grandchild
Spouse’s or partner’s parent (in-law)
1 day for the death of a person not in the immediate family, but where the employer recognises that the employee had a close association with the deceased. This may include:
A close friend
A mentor or guardian
A relative not covered by the immediate family definition
The 1-day entitlement is subject to employer discretion, and they must consider:
How close the relationship was
Whether the employee has responsibilities for funeral arrangements
Any cultural obligations involved
If multiple family members pass away at the same time, employees are entitled to separate bereavement leave for each person.
How is Bereavement Leave Paid?
Bereavement leave is paid at the employee’s normal wage rate, which means:
If an employee was scheduled to work on a bereavement leave day, they are paid their normal daily pay.
If their normal hours vary, they may receive average daily pay, which considers earnings over a 52-week period.
Employers cannot deduct bereavement leave from an employee’s annual leave entitlement.
Employer Obligations and Responsibilities
Employers must comply with the Holidays Act 2003 and ensure they:
1. Grant bereavement leave entitlements to eligible employees.
2. Consider cultural, and personal circumstances when determining leave for non-immediate family members.
3. Pay employees correctly for their bereavement leave.
4. Do not pressure employees into using annual leave or unpaid leave instead.
5. Maintain confidentiality and respect employees’ privacy during their grieving period.
Employers cannot refuse bereavement leave if the employee meets eligibility criteria, though they may request reasonable evidence of the bereavement.
Special Considerations for Māori Employees (Tangihanga Leave)
Under tikanga Māori, tangihanga (the traditional mourning ceremony) can last several days and involve extensive travel and responsibilities. The law recognises the cultural significance of tangihanga, and employers are encouraged to be flexible with bereavement leave to accommodate Māori customs.
If an employee’s 3-day entitlement is insufficient for tangihanga obligations, they may request additional leave in the form of:
Annual leave
Unpaid leave
Special leave at the employer’s discretion
Employers should approach such requests with cultural sensitivity and understanding.
Can an Employer Deny Bereavement Leave?
An employer cannot legally deny bereavement leave if the employee meets the statutory requirements. However, for 1-day bereavement leave (where the deceased is not an immediate family member), the employer has some discretion.
If a dispute arises, the employee can:
1. Discuss the issue with their employer to clarify expectations.
2. Consult an employment relations specialist for advice.
3. Seek mediation through Employment New Zealand.
4. Escalate matters to the ERA if mediation is unsuccessful.
What Happens if more Time off is Needed?
If the statutory bereavement leave entitlement is insufficient, employees can:
Request additional unpaid leave.
Use annual leave with employer approval.
Request compassionate leave (if provided in the company’s policies).
Some employers have more generous bereavement leave policies than the statutory minimum, so employees should check for this within their employment agreements.
Bereavement Leave in Cases of Miscarriage or Stillbirth
In 2021, New Zealand introduced 3 days of paid bereavement leave for employees who experience a miscarriage or stillbirth. This entitlement applies to:
The mother who experienced the miscarriage or stillbirth
The mother’s partner
Parents planning to adopt or have a child via surrogacy
The leave is separate from sick leave and does not require a medical certificate.
Key Takeaways
Bereavement leave is a legal entitlement under the Holidays Act 2003.
Employees qualify after 6 months of continuous or intermittent work.
3 days of paid leave is provided for immediate family bereavement.
1 day’s leave may be granted for other close relationships, based on employer discretion.
Bereavement leave cannot be denied if statutory conditions are met.
Cultural considerations, such as Māori tangihanga, should be respected.
Employees affected by miscarriage or stillbirth are entitled to 3 days of bereavement leave.
Disputes can be resolved through employment relations specialists, be taken to mediation, or escalated to the Employment Relations Authority (ERA).
Conclusion
Bereavement leave is an essential workplace right, ensuring employees have time to grieve, and handle personal and cultural responsibilities. Understanding legal entitlements, employer obligations, and available dispute resolution methods, helps employees navigate bereavement leave confidently and peacefully.
Mahi Law can Help!
Our expert team will help you understand your employment rights, and pursue resolution (including compensation) through various channels, such as: Without prejudice negotiations, mediation, the Employment Relations Authority, or Employment Court if required.
We also work on a no-win, no-fee basis – if we win your case, your employer covers the costs.
Get in touch for a free consultation! You can fill out this form – or contact us at [email protected], or 0800 450 032.
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