Bereavement leave gives an employee time to grieve and to take care of matters to do with the bereavement.
This can be taken at any time and for any purpose relating to the bereavement. It does not have to be taken straight away or on consecutive days.
Bereavement leave entitlements
Employees are entitled to bereavement leave after six months continuous service, or, in a similar fashion to sick leave, if their employment is not continuous they can meet the work test:
they have worked for the employer for six months for
an average of 10 hours per week, and
at least one hour in every week or 40 hours in every month.
Every employee is entitled to take bereavement leave for a minimum of three days per bereavement in the following circumstances:
The employee’s immediate family member dies (e.g. parent, child, partner or spouse, grandparent, grandchild, sibling, parent-in-law)
The employee has a miscarriage or stillbirth
Another person has a miscarriage or stillbirth and the employee:
is the person’s partner
is the person’s former partner and would have been a biological parent of a child born as a result of the pregnancy
had agreed to be the primary carer of a child born as a result of the pregnancy (e.g. through a formal adoption or a whāngai arrangement)
is the partner of a person who had agreed to be the primary carer of a child born as a result of the pregnancy.
Each employee gets bereavement leave for a minimum of one day per bereavement if another person dies and their employer accepts they’ve had a bereavement. This is based on:
how close they were with the deceased person
whether they have to take a lot of the responsibility for all or any of the arrangements for the ceremonies relating to the death
if they have any cultural responsibilities in relation to the death.
💡 “Can I take bereavement leave for….?”
We know employers hear a wide range of requests when it comes to bereavement leave. As with anything else that is being legislated, the rules in the Holidays Act can sound cold and unfeeling when it comes to something as momentous as death, especially when the person who has passed has a close connection to the employee.
Remember that while the law is relatively black and white, compassion comes in all shapes and forms. As long as minimum entitlements are being met, it is up to employers as to what they will grant employees.
Proof of bereavement
The Holidays Act makes no reference to ‘proof’ of bereavement. This means that requesting proof cannot be a condition for the employee taking bereavement leave.
However, the employer is not prohibited from requesting proof. So the concept of good faith would apply. This requires both the employer and the employee to be responsive and communicate, and not mislead or deceive each other.
Bereavement leave around other leave types
Bereavement or public holiday
If the employee suffers a bereavement on a public holiday where the employee would have otherwise been working, they can take the day as a public holiday and do not need to use bereavement leave on this day.
Bereavement or annual leave
If the employee is:
about to take annual holidays but has a bereavement before they go, the employer must let the employee take bereavement leave for the relevant period.
already taking annual holidays and has a bereavement, the employer must let the employee take bereavement leave instead of annual leave for the relevant period.