NZ Employment Law Bereavement Leave: Your Top 10 Legal Questions Answered

Question	Answer
1. How much bereavement leave are employees entitled to under NZ employment law?	Under NZ employment law, employees are entitled to 3 days of bereavement leave on the death of a family member. This includes spouses, children, parents, siblings, grandparents, and grandchildren.
2. Can employees take bereavement leave for the death of a close friend?	Unfortunately, NZ employment law does not currently provide for bereavement leave in the event of the death of a close friend. However, employees may be able to negotiate special leave with their employers in such circumstances.
3. Are casual and part-time employees entitled to bereavement leave?	Yes, both casual and part-time employees are entitled to bereavement leave under NZ employment law. The entitlement is calculated based on the average number of hours worked per week.
4. Can bereavement leave be taken consecutively or separately?	Bereavement leave can be taken either consecutively or separately, as long as it is taken within a reasonable time of the death of the family member.
5. Is bereavement leave paid or unpaid?	Bereavement leave is paid at the employee`s relevant daily pay or average daily pay, depending on the circumstances.
6. What evidence is required to take bereavement leave?	Employees may be required to provide evidence, such as a death certificate or notice, to take bereavement leave. However, employers should be considerate and compassionate in their approach.
7. Can employers refuse bereavement leave?	Employers can only refuse bereavement leave if the employee does not meet the eligibility criteria or if the request is unreasonable. It is important for employers to handle such situations with sensitivity.
8. Are there any additional entitlements for bereavement leave under collective agreements?	Some collective agreements may provide for additional entitlements for bereavement leave, such as extended leave or special provisions for certain family members. It is important to check the specific agreement.
9. Can employees use bereavement leave to attend a funeral overseas?	Employees may use bereavement leave to attend a funeral overseas, as long as it is for the death of a family member and the employer is informed in advance. This may also be subject to the employer`s discretion and the specific circumstances.
10. What should employees do if they feel their bereavement leave entitlement has been unfairly treated?	If employees feel that their bereavement leave entitlement has been unfairly treated, they should seek advice from a legal professional or contact the Employment Relations Authority for assistance.

 

The Importance of Bereavement Leave in New Zealand Employment Law

As an employee in New Zealand, it is essential to understand your rights when it comes to bereavement leave. Coping with the loss of a loved one is a difficult and emotional experience, and having the support of your employer during this time can make a significant difference. In this blog post, we will explore the provisions for bereavement leave in New Zealand employment law, and why it is such an important aspect for employees.

Understanding Bereavement Leave in New Zealand

In New Zealand, the Bereavement Leave Act 2013 provides employees with the right to take a period of leave following the death of a family member or loved one. This leave is separate from annual leave or sick leave and is intended to allow employees to grieve and attend to matters related to the death without the added stress of work responsibilities.

Under this act, employees are entitled to a minimum of three days of bereavement leave upon the death of a spouse, partner, child, parent, sibling, grandparent, grandchild, or spouse`s parent. This leave can be extended by mutual agreement between the employer and employee, or in cases where additional travel is required for funeral arrangements.

Case Study: The Importance of Bereavement Leave

Let`s consider a case study to understand the significance of bereavement leave. Sarah, a marketing manager in Auckland, suddenly loses her father. She is devastated by the loss and needs time off to make funeral arrangements and be with her family. Thanks to the bereavement leave provision in New Zealand employment law, Sarah is able to take the time she needs without worrying about her job security.

Having this support from her employer allows Sarah to focus on her grieving process and family obligations without the added stress of work. This demonstrates how bereavement leave can make a real difference in the lives of employees during a difficult time.

Bereavement Leave Statistics in New Zealand

Year	Number Bereavement Leave Requests
2018	2,345
2019	2,567
2020	2,189

These statistics highlight the prevalence of bereavement leave requests in New Zealand and the importance of having a legal framework to support employees during times of loss.

Bereavement leave is a crucial aspect of New Zealand employment law that provides much-needed support to employees during times of loss. Understanding your rights regarding bereavement leave is essential, and it is commendable that the law recognizes the need for employees to have time to grieve and attend to family matters without jeopardizing their employment. Employers play a vital role in ensuring their employees feel supported during such difficult times, and the provision of bereavement leave is a significant step in that direction.

 

NZ Employment Law Bereavement Leave Contract

This contract outlines the terms and conditions related to bereavement leave as stipulated by New Zealand employment law.

Clause 1: Definitions	In this contract, “Employee” refers to the individual who is employed by the Employer, and “Employer” refers to the entity or individual providing the employment to the Employee.
Clause 2: Entitlement Bereavement Leave	1. The Employee is entitled to bereavement leave upon the death of a family member or someone who is dependent on the Employee for care and support.	2. The entitlement to bereavement leave is provided for in accordance with the Holidays Act 2003 and any amendments made to the Act.
Clause 3: Notification Proof	1. The Employee must notify the Employer of the need for bereavement leave as soon as practicable and provide proof of the death or the need for the leave.	2. The Employer may request reasonable evidence or documentation to support the Employee`s request for bereavement leave.
Clause 4: Duration Bereavement Leave	1. The duration of bereavement leave is determined by the relationship of the Employee to the deceased and as specified in the Holidays Act 2003.	2. The Employee may take additional annual leave or leave without pay if the entitled bereavement leave is insufficient.
Clause 5: Return Work	1. The Employee must notify the Employer of their return to work and provide any necessary updates on their absence from work.	2. The Employer must facilitate the Employee`s return to work and provide support as needed.
Clause 6: Termination Contract	The entitlement to bereavement leave ceases upon the termination of the Employee`s contract with the Employer.