Bereavement Leave Entitlements in New Zealand

What you're entitled to

The Holidays Act 2003 sets two levels of bereavement leave entitlement:

• 3 days paid leave if the bereavement involves a close relative (as defined below).
• 1 day paid leave if the bereavement involves someone who is not a close relative, but your employer accepts that you have suffered a bereavement — having regard to the circumstances.

These are minimum entitlements. Your employment agreement or workplace policy may provide for more generous leave, and many employers do.

Who counts as a close relative?

The Holidays Act defines "close relative" for bereavement leave purposes. The following relationships all qualify for 3 days' paid leave:

• Spouse or partner
• Parent (including step-parent and foster parent)
• Parent of your spouse or partner (in-law)
• Child (including step-child, foster child, and whāngai)
• Sibling (including half-siblings and step-siblings)
• Grandparent
• Grandchild

These relationships also apply if the person was a close relative who died before birth — for example, following a late pregnancy loss.

Miscarriage and stillbirth

Following changes to the law in 2021, 3 days' paid bereavement leave also applies when:

• You experience a miscarriage or stillbirth
• Your partner experiences a miscarriage or stillbirth
• You were a former partner of the person and would have been a biological parent
• You had agreed to be the primary carer of the child (for example, through adoption or a whāngai arrangement)
• You are the partner of someone who had agreed to be the primary carer

This recognises that pregnancy loss is a genuine bereavement, and ensures the leave applies to partners and intended parents as well as the person who was pregnant.

What about someone outside the close relative list?

If the person who died does not fall within the list of close relatives, you may still be entitled to 1 day's paid bereavement leave — but only if your employer accepts that you have suffered a bereavement. Your employer must consider the circumstances. They cannot unreasonably refuse.

Do you qualify? The eligibility requirement

To be entitled to bereavement leave, you must have worked for your employer for at least 6 continuous months, averaging at least 10 hours per week, with at least 1 hour worked in every week or 40 hours in every month.

If you haven't yet reached 6 months but suffer a bereavement, you are not automatically entitled to paid bereavement leave. However, your employer may agree to grant it in advance, or allow you to use annual leave if you prefer — but they cannot force you to do so.

How much will you be paid?

Bereavement leave is paid at your relevant daily pay — essentially what you would have earned had you worked that day. If your pay varies (for example, if you work variable hours or receive commission), your employer may use your average daily pay instead, calculated over the previous 52 weeks.

Payment is made through your normal pay cycle — you don't need to make a separate claim.

Can your employer ask for proof?

Not as a condition of taking leave. The Holidays Act is clear: employers cannot require proof of a bereavement as a condition of granting leave — so they cannot withhold leave because you have not produced a death certificate. An employer may ask under good faith principles, but if you do not provide documentation, the leave must still be granted.

What your employer cannot do

• Cannot refuse leave if you are eligible and entitled.
• Cannot require you to use annual leave instead of bereavement leave (though you can choose to if you prefer).
• Cannot require proof of the bereavement as a condition of granting leave.

When can the leave be taken?

Bereavement leave doesn't have to be taken on consecutive days, and it doesn't have to be taken immediately. It can be taken at any time and for any purpose related to the bereavement — whether that's attending the funeral, travelling to be with family, sorting out affairs, or simply taking time to grieve.

If your bereavement falls on a public holiday, that day is still treated as a paid public holiday rather than bereavement leave.

What to do if your employer refuses

1. 1 Put your request in writing — email your employer (or HR) clearly stating that you are requesting bereavement leave under the Holidays Act 2003, the relationship to the person who died, and the dates you need.
2. 2 Refer to the legislation — if your employer is unaware of the entitlement, pointing to sections 69–71 of the Holidays Act 2003 often resolves the issue.
3. 3 Contact Employment New Zealand — if your employer continues to refuse, call Employment New Zealand's free information line on 0800 209 020 for guidance on your rights and options.
4. 4 Raise a personal grievance — if the issue is not resolved, you can raise a formal personal grievance. A Citizens Advice Bureau can help you understand the process at no cost.