Many of us are likely to be affected by bereavement over the course of our working lives. It’s a personally difficult situation, where our personal lives should take precedence over our commitments at work. It often comes with a number of time commitments, from being with family to arranging a suitable memorial and processing your grief, which can take time. That’s where bereavement leave comes in, giving you the time you need to focus on what matters.
What is bereavement leave?
Bereavement leave in New Zealand is a specified leave which eligible employees can choose to take to take care of matters related to a death of someone they know. Employers must continue to pay employees throughout this time. This leave is regulated as part of the Holidays Act (2003).
Are Kiwi employers legally obliged to provide paid bereavement leave?
Yes, if the employee meets the eligibility criteria for the leave. Currently under the Holidays Act, employees are only allowed to take bereavement leave if they’ve worked for their employer for a minimum of six months, for an average of 10 hours per week and at least one hour in every week or 40 hours in every month.
If an employee isn’t eligible for bereavement leave, employers can give them the option to take the leave in advance, or to use their annual leave to take the time off. Employers cannot make employees use their annual leave for this purpose unless the employee requests it.
Can an employer refuse bereavement leave?
Employers cannot refuse bereavement leave if the employee is entitled to it. They also cannot require proof of a bereavement as a condition of taking the leave. Instead, the interaction between both the employer and employee should be done honestly and in good faith.
How long is bereavement leave in New Zealand?
An eligible employee is entitled to a minimum of three days bereavement leave, per bereavement. This is dependant on whether they meet any of the following circumstances :
- The employee’s immediate family member dies eg. partner, spouse, sibling, parent, child, grandparent, grandchild, parent-in-law
- The employee experiences a miscarriage or stillbirth
- Another person has had a miscarriage or stillbirth and the employee:
- Is the person’s partner
- Would have been the biological parents of the child who passed away
- Was due to be the primary carer of the child who passed away
- Is the partner of a person who was due to be the primary carer of the child
For all other bereavements, an eligible employee is entitled to a minimum of one day of bereavement leave, per bereavement, and their employer accepts they’ve had a bereavement.
Whether the employer accepts they’ve had a bereavement tends to depend on how close the employee was to the person who has passed away, if they have obligations in relation to the death, or any cultural responsibilities. Again, good faith applies here and employers are expected to be fair.
Employers can choose to grant extra bereavement leave on top of the legal allocation at their discretion.
How else can employers support their team members through a bereavement?
Going through a bereavement can be an incredibly difficult time. Employers can support their team members primarily in ensuring they have the time they need, and by being compassionate to their needs.
This starts with being clear about the leave they’re entitled to, and if they’re not yet entitled, looking at ways to ensure they can take care of their personal life away from work. This could be bereavement leave in advance, or giving them the option to take paid special leave or annual leave. It’s really important to note that the employer cannot force the employee to use any other leave in the event of a bereavement, and the decision must be employee-led.
Beyond that, it’s all about being kind and respectful. If you’re managing an employee who is grieving the death of someone close to them, it’s a case of using your people skills to understand what will be supportive in each scenario.
This could be sending sympathy flowers to their home from the business, or just giving them the flexibility they need as they return to work. You may also want to make them aware of an Employee Assistance Program (EAP) if you have one, so they can get access to professional support.
Crucially, it’s a time where privacy is really important. Let the employee decide how much is shared about their situation – some people will want their team at work to know what’s happened, and some will want to keep it entirely confidential. It’s up to you as a manager to check with them first, and to do so with a light touch.
Creating a bereavement leave policy
All employees in a business should be aware of their entitlements in the event of a bereavement. That’s why it’s key to have a policy on bereavement leave that everyone can be aware of and acknowledge.
The policy should include:
- Number of working days provided as bereavement leave
- The eligibility period of when the leave can be taken
- Whether an extension to bereavement leave is paid or unpaid
- How an ‘immediate family member’ is defined (spouse, parents, siblings, etc)
The wrap up
Grieving and loss are sadly an inevitable part of life. As an employer or HR manager, it’s a situation you don’t want to face, but have to prepare for.
Employment Hero is an all-in-one HR and payroll software that allows you to send employment contracts and policies (like a bereavement leave policy) to employees digitally, for fuss-free signing and acknowledgement. This way, they’ll be clearly aware of their rights and entitlements when it comes to dealing with such situations.
Leave management is also made easy with employee self-service. All employees can see their leave balances and submit leave requests electronically, automatically notifying management who can view an individual’s leave balance, as well as a team leave calendar. Regardless of whether your team is working in-office or remotely, they’ll be able to request bereavement leave wherever they are.
Disclaimer: The information in this article is current as at 11 Nov 2022, and has been prepared by Employment Hero Pty Ltd (ABN 11 160 047 709) and its related bodies corporate (Employment Hero). The views expressed in this article are general information only, are provided in good faith to assist employers and their employees, and should not be relied on as professional advice. The Information is based on data supplied by third parties. While such data is believed to be accurate, it has not been independently verified and no warranties are given that it is complete, accurate, up to date or fit for the purpose for which it is required. Employment Hero does not accept responsibility for any inaccuracy in such data and is not liable for any loss or damages arising either directly or indirectly as a result of reliance on, use of or inability to use any information provided in this article. You should undertake your own research and seek professional advice before making any decisions or relying on the information in this article.
