Under New Zealand's Holidays Act 2003, eligible employees are entitled to up to three days of bereavement leave on the death of an immediate family member or one day of bereavement leave on the death of any other person if the employer accepts that the employee is bereaved. Bereavement leave is paid at the employee's relevant daily pay or average daily pay.

Statutory entitlement

Up to three days of paid bereavement leave on the death of an immediate family member. One day of paid bereavement leave on the death of any other person (at the employer's discretion). Paid at the employee's relevant daily pay or average daily pay.

Eligibility

Employees must have been employed for at least six months, or for 26 weeks and have worked an average of at least 10 hours per week (or one hour per week if at least 40 hours per month). The entitlement applies on the death of a spouse, partner, parent, child, sibling, grandparent, grandchild, or any person who was living with the employee as part of the employee's immediate family.

Employer obligations

  • Grant up to three days of paid bereavement leave on the death of an immediate family member.
  • Pay at the employee's relevant daily pay or average daily pay, whichever is higher.
  • Consider requests for bereavement leave sympathetically — for deaths outside immediate family, the employer has discretion but should act reasonably.
  • Not unreasonably refuse bereavement leave requests.
  • Maintain accurate records of bereavement leave taken.

Employee rights

  • Right to three days of paid bereavement leave for each death of an immediate family member.
  • Right to one day of bereavement leave for the death of any other person (employer's discretion).
  • Right to be paid at the relevant daily pay or average daily pay rate.
  • Right not to be disadvantaged for taking bereavement leave.

Common pitfalls

  • Applying a blanket one-day policy for all bereavement — immediate family deaths warrant up to three days.
  • Failing to pay the correct rate — bereavement leave must be paid at relevant daily pay or average daily pay, not just base rate.
  • Requiring excessive evidence — while employers may request reasonable evidence, they should not be demanding or insensitive in their requests.
  • Not understanding that bereavement leave is per death — if multiple immediate family members die in separate events, each triggers a new entitlement.

Who counts as immediate family?

Immediate family includes the employee's spouse or partner, parent, child, sibling, grandparent, grandchild, or any person who was living with the employee as part of the employee's immediate family immediately before the death. The definition is intentionally broad to accommodate diverse family structures.

How bereavement leave is paid

Bereavement leave is paid at the employee's relevant daily pay (what they would have earned on the day) or average daily pay (calculated from the previous 52 weeks), whichever gives the higher amount. This ensures employees are not disadvantaged by irregular working patterns.

Discretionary bereavement leave

For deaths outside the immediate family, employees are entitled to one day of bereavement leave if the employer accepts that the employee is bereaved. Employers should consider the nature of the relationship and act reasonably and compassionately.

Frequently asked questions

Can bereavement leave be taken in part days?

Yes. Bereavement leave can be taken as a full day or as part of a day. The employee and employer should agree on the amount of leave needed.

What evidence can an employer request for bereavement leave?

Employers may request reasonable evidence of the death, such as a death certificate, obituary notice, or funeral programme. Requests should be made sensitively and not cause additional distress.

Is there a time limit for when bereavement leave must be taken?

The Holidays Act does not specify a time limit. Bereavement leave should be taken within a reasonable time of the death, which may vary depending on cultural practices and funeral arrangements.

Sources

This page is provided for general guidance and does not constitute legal advice. Always check the cited primary source for current law before making employment decisions.