Understanding Bereavement Leave: Eligibility and Entitlement

Updated on February 15, 2024

Learn About Bereavement Leave: What It Entails and Who Qualifies for It.

Bereavement leave, a form of paid time off, varies depending on individual circumstances for eligible employees. It provides paid leave for situations such as impending death, miscarriage, or birth, offering employees the opportunity to grieve and manage bereavement-related responsibilities. This leave can be taken at any time in connection with bereavement conditions. For further insight into Bereavement Leave, including its definition, eligibility criteria, and more, explore this article.

Bereavement Leave

Bereavement Leave provides workers with the opportunity to take time off from work to cope with the death of a loved one, alleviating concerns about the financial impact. Available to both full-time and part-time employees who have completed at least six months of employment, these leaves can be taken following the loss of an immediate family member.

Employees are eligible to take Bereavement Leave upon the loss of immediate family members, including a spouse, partner, sibling, child, grandparent, partner’s parent, or other close relatives. The New Zealand Federal Government has enacted legislation granting three days of paid leave for instances of death, miscarriage, or the birth of a newborn child. This bill also extends to parents adopting a child.

What is Bereavement Leave?

Bereavement Leave is a federally mandated paid benefit designed to provide employees with time to grieve and attend to matters related to their loss. These are standardized benefits that can be utilized at any time for bereavement-related needs. Additionally, employers often offer additional leave beyond the minimum entitlement, tailored to individual circumstances. Eligible employees are entitled to three full days of paid leave for each bereavement event, with one day of leave granted for losses outside of immediate family.

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Eligible employees are entitled to various types of leave and holidays, including alternative holidays, sick leave, public holidays, minimum leave entitlements, annual holidays, and other working days. However, Bereavement Leave encompasses unique categories such as parental leave, family violence leave, and other non-standard leave, which are calculated differently from regular holidays and leave entitlements.

Before taking these specific leaves, employees may be required to provide proof, although this requirement is prohibited in good faith situations. Effective communication and responsiveness between both employers and employees are essential when requesting or granting Bereavement Leave, ensuring understanding and cooperation during difficult times.

Who is Entitled to it?

All employees, whether permanent, casual, fixed-term, or part-time, have the right to Bereavement Leave, provided they meet the following criteria:

  1. The worker must have been employed by their employer for at least 6 months.
  2. They must have worked an average of 10 hours per week.
  3. They are required to perform work for at least 40 hours in a month.

Employees are entitled to take Bereavement Leave once every 12 months if they meet these criteria. Additionally, employees can re-qualify for this leave after six months. It is important for employees to inform their employer before taking Bereavement Leave.

This three-day paid leave applies to the immediate family members of the employee, including parents, children, spouses, and others. It also covers situations such as miscarriage or the birth of a new child.

All We Know

Unlike annual leave and sick leave, Bereavement Leave is calculated based on the employee’s ordinary hours of work. These leaves do not accrue over time; instead, they are paid out upon termination. Bereavement Leave can be accessed by simply receiving pay at a relevant daily rate, rather than accumulating hours or days of leave.

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Payment for Bereavement Leave is only provided if the employee is scheduled to work on the day of their absence. Payments are based on the relevant daily pay rate. If an employee works on a public holiday but subsequently requires Bereavement Leave, that day will be considered a paid public holiday. It’s crucial for employers to have a well-defined Bereavement Leave policy in place to effectively support their workers during difficult times.

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