Bereavement leave

Eligible employees can take paid bereavement leave if someone close to them dies, or for a miscarriage or stillbirth.

Leave and holiday entitlements during COVID-19

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.

Employers often agree to giving employees additional bereavement leave above the minimum entitlement, depending on the circumstances. For example, if a funeral is being held a long distance away.

Eligibility criteria

All employees (permanent, fixed-term, part-time and casual) can use bereavement leave if:

  • they have worked for the employer continuously for six months or:
  • 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.

Employees are entitled to bereavement leave every 12 months as long as they meet the above criteria. If they don’t meet the criteria due to changes in work, they are not entitled to bereavement leave. However, the employee may re-qualify when they do meet the six-month requirement.

Employees should tell their employer as soon as possible when they have a bereavement they want to take leave for.

Minimum entitlement

Each employee gets 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, brother, sister, 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 whangai 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.

Cara is entitled to three days’ paid bereavement leave when her brother Jake is killed in an accident. The funeral is in Sydney. Cara uses two days of paid bereavement leave to attend the funeral. Cara takes another day of bereavement leave six months later to go to a local memorial service.

Tane is entitled to three days’ paid bereavement leave when his grandmother dies. He takes two days straight away to attend her tangi. A year later, he takes a day’s paid leave to attend the unveiling of his grandmother’s headstone.

Ngaire takes two days’ paid bereavement leave when her sister dies after a long illness. Over the next few weeks, she takes two more half days of paid leave to talk to the lawyer about settling the details of her sister’s will.

Work out if you qualify

 

If an employee doesn't quality for, or wants extra, bereavement leave

If an employee:

  • hasn’t met the six month criteria so doesn’t qualify for bereavement leave, or
  • wants to take extra bereavement leave (e.g. wants to take 5 days for the death of their grandparent)

then their employer can agree that the employee can take:

  • bereavement leave in advance, or
  • the leave as annual holidays. An employer can’t make an employee take bereavement leave as annual leave.

Proof of bereavement

The law is silent about proof of bereavement. This means that requesting proof cannot be a condition for the employee taking bereavement leave.

The employer is not prohibited from requesting proof, either. 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.

Good faith

Payment for bereavement leave

Payment for bereavement leave is only made if the employee would have otherwise worked on the day. Payment should be the employee’s relevant daily pay or, if this isn’t possible or practical, then the average daily pay should be used. Payment for bereavement leave is made in the normal pay cycle.

Otherwise working day

Relevant daily pay and average daily pay

Bereavement and public holidays

If the employee would have worked on a public holiday but has a bereavement, the day would be treated as a paid, unworked public holiday. Therefore:

  • the employee would be paid their relevant daily pay or average daily pay (where applicable). But they would not be entitled to time and a half or an alternative holiday, and
  • no bereavement leave would be deducted.

Bereavement and annual holidays

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. 

Use the relevant and average daily pay calculator to help calculate bereavement leave and sick leave entitlements.

Calculate relevant and average daily pay  (external link)

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Page last revised: 03 February 2022

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