Bereavement Leave Entitlements in New Zealand

When you're running a small business, it's only a matter of time before you'll need to respond to a bereavement leave request. It's a sensitive moment for your employee, but it's also something you need to handle correctly as an employer.

A common question we hear is: how many days of bereavement leave does an employee get in New Zealand, and when do you have to approve it?

In this guide, we'll break down the minimum legal entitlements under New Zealand law (in plain English), what "close relative" means, how bereavement leave works for casual employees, and practical steps you can put in place so you're protected from day one.

How Many Days Bereavement Leave Is An Employee Entitled To?

Under the Holidays Act 2003, New Zealand employees are entitled to paid bereavement leave when someone close to them dies (or in other bereavement situations recognised by the Act).

So, how many days of bereavement leave are employees entitled to?

3 days? paid bereavement leave if the bereavement is for a close relative
1 day's paid bereavement leave if the employer accepts the employee has suffered a bereavement for another person (not a close relative), having regard to the circumstances

These are minimum entitlements. You can always provide more generous leave in your employment agreements or policies (and many small businesses choose to do so as part of building a supportive workplace culture).

Is Bereavement Leave Paid In New Zealand?

Yes, bereavement leave under the Holidays Act is paid leave. That means the employee is paid as if they had worked that day, using the usual payroll rules around relevant daily pay or average daily pay (depending on what applies).

If you're not sure you're calculating leave payments correctly, it's worth getting your payroll settings checked, because Holidays Act calculations are a common area where businesses can accidentally slip up.

Do The Days Have To Be Taken All At Once?

Not necessarily. Bereavement leave is generally taken at the time it's needed, and it might be taken:

immediately after the death
on the day of a tangihanga/funeral or related travel
on scattered days to manage cultural or family obligations

From a practical perspective, it's best to ask your employee what they need, confirm it in writing, and keep your approach compassionate and consistent.

Who Is Eligible For Bereavement Leave (Including Casual Employees)?

Bereavement leave isn't just for full-time, permanent staff. Most employees become entitled once they meet the eligibility thresholds under the Holidays Act.

Employees Who Usually Qualify

An employee is generally entitled to bereavement leave if they've worked for you for at least:

6 months of continuous employment, or
6 months on an average of at least 10 hours per week (and at least 1 hour in every week or 40 hours in every month)

This is particularly important if you engage casual or variable-hours staff. If you're unsure how this applies to your team, it's worth reviewing your approach to Casual Workers Leave Entitlements, because "casual" in practice doesn't automatically mean "no leave".

What About Contractors?

Genuine independent contractors aren't covered by the Holidays Act, so they don't have a statutory entitlement to bereavement leave. That said, if someone is labelled a contractor but works like an employee, misclassification can create bigger employment law risk than most business owners realise.

If your business engages a mix of employees and contractors, it's smart to have the right agreements in place and make sure your Employment Contract terms clearly match the working relationship.

What Counts As A "Close Relative" For 3 Days? Bereavement Leave?

The Holidays Act sets out who is included as a "close relative" for bereavement leave purposes. If the person who has died fits within this definition, your employee is entitled to 3 days of bereavement leave.

In broad terms, close relative includes:

the employee's spouse or partner
the employee's parent
the employee's child
the employee's brother or sister
the employee's grandparent
the employee's grandchild
the parent of the employee's spouse or partner

For most small businesses, the key takeaway is simple: if it's one of the relationships above, you should generally treat it as a straightforward 3 days paid bereavement leave situation.

Pregnancy Loss And Bereavement Leave

New Zealand law also recognises that bereavement can occur through pregnancy loss (for example, miscarriage or stillbirth). This is a sensitive area, and it's important you handle it with privacy and care.

Under the Holidays Act, an employee is entitled to 3 days? paid bereavement leave if they have suffered a pregnancy loss. This entitlement can also apply to the employee's spouse or partner, and (in some circumstances) an intended parent in a surrogacy arrangement.

Because this is a sensitive area (and facts can differ), a good rule of thumb is:

respond supportively and avoid asking for unnecessary detail
apply your policy consistently
get tailored advice if you're unsure how the Act applies to the specific circumstances

Cultural Considerations (Including Tangihanga)

Bereavement leave isn't just "one day for a funeral". Different cultures have different mourning practices and obligations.

In New Zealand, you may receive requests for time off connected to:

tangihanga that takes place over several days
travel to another region (or overseas) to be with whanau/family
multiple gatherings and responsibilities following the death

Even when the legal minimum is clear, handling the request thoughtfully can make a big difference to your working relationship and your team culture.

When Do Employees Get 1 Day Bereavement Leave For Someone Who Isn't A "Close Relative?"

The Holidays Act also allows for bereavement leave when the person who has died is not a close relative, but the employee has still suffered a bereavement.

In that case, the employee may be entitled to 1 day of paid bereavement leave.

How Do You Decide Whether To Approve 1 Day?

As the employer, you must consider whether the employee has suffered a bereavement, taking into account factors like:

how close the person was to the employee
the nature of the relationship (for example, a long-term friend, mentor, or someone the employee lived with)
whether the employee has cultural responsibilities connected to the death
any other relevant circumstances

This is one of those areas where having a consistent internal approach helps. If your business has a clear policy (and managers know how to apply it), you're far less likely to end up with inconsistency across the team.

Many businesses cover this in a Workplace Policy or staff handbook, so you're not reinventing the wheel every time a request comes in.

How To Manage Bereavement Leave Requests As A Small Business (Without Getting It Wrong)

Bereavement leave isn't just a legal checkbox. It's also a moment where your employee will remember how your business treated them.

Here are practical steps you can use to manage requests professionally and compassionately.

1. Ask For The Basics (And Don't Over-Question)

You can ask enough questions to understand:

who has died (for eligibility purposes)
roughly when the employee needs leave
whether it's likely to be 1 day or 3 days (or more, if you choose to offer additional leave)

Try to avoid asking for personal details that aren't necessary. This is not the time for "proof-first" thinking.

2. Confirm The Leave In Writing

Even if the conversation happens by phone or in person, it's best to confirm the outcome in writing (email is usually fine), including:

the dates approved
whether it's bereavement leave (and how many days)
whether any additional leave is being provided (and what type)

This protects both sides and helps your payroll team process it correctly.

3. Be Clear About Evidence (If You Need It)

In some situations, employers can ask for proof of entitlement to leave (for example, a death notice or similar). Practically, many employers only request evidence if something doesn't add up or there's a history of leave misuse.

If you do request evidence, keep it reasonable, respectful, and proportionate to the situation.

4. Keep Records, But Treat Information As Sensitive

Any information about someone's bereavement can be sensitive personal information. Make sure you store it appropriately, limit access internally, and don't share details with the wider team without the employee's consent.

If your staff handbook includes guidance on leave administration and privacy expectations, it can take pressure off managers to "figure it out" in the moment. This is often bundled into a Staff Handbook Package so your expectations are documented and consistent.

5. Plan For Coverage Without Punishing The Employee

As a small business, unexpected leave can be operationally hard. The key is to plan coverage in a way that doesn't create legal or cultural problems, such as:

redistributing work temporarily
using approved casual relief staff (where appropriate)
adjusting deadlines and client expectations

If you need longer-term changes (for example, reduced hours due to ongoing personal circumstances), it's worth getting advice early, because changing work arrangements can trigger wider employment law obligations.

Common Employer Questions About Bereavement Leave

Can You Refuse Bereavement Leave?

If an eligible employee is requesting bereavement leave for a close relative, you generally can't refuse the statutory minimum entitlement (3 days), provided they meet the legal eligibility requirements.

For "other bereavement" (1 day), you still need to consider the situation genuinely and fairly. A blanket rule like "we only approve leave for family members" can be risky if it ignores the factors the Holidays Act expects you to consider.

Can You Make An Employee Take Annual Leave Instead?

Bereavement leave and annual leave are different entitlements. If bereavement leave applies, it should be recorded and paid as bereavement leave rather than being automatically pushed into annual leave.

Annual leave direction rules can be complex and situation-dependent, so if you're considering directing leave more generally, it's worth being careful with your process (and getting advice) before you do it.

What If The Employee Needs More Than The Minimum?

The Holidays Act sets minimums, but you can choose to offer additional paid or unpaid leave depending on:

your business capacity
the employee's circumstances
fairness and consistency across your team

If you offer extra leave, document it clearly so everyone understands what's being provided and whether it's discretionary.

What If There Are Multiple Bereavements Close Together?

Unfortunately, it does happen that an employee experiences more than one bereavement in a short period. There's no "annual cap" in the Holidays Act that limits bereavement leave to one event per year. Each qualifying bereavement can create a fresh entitlement.

This is another reason why having clear leave processes in your Employment Contract and policies can help you manage situations consistently.

Can A Business Offer Better Bereavement Leave Than The Minimum?

Yes. Many small businesses decide to offer more generous bereavement leave because it:

supports retention and staff wellbeing
reduces conflict at an already emotional time
signals your business values

If you do offer enhanced leave, make sure your wording is clear (so it doesn't accidentally create unintended entitlements) and that your managers apply it consistently.

Key Takeaways

In New Zealand, the minimum legal bereavement leave entitlement is: 3 days paid leave for a close relative bereavement, and 1 day paid leave for other bereavements where the employer accepts the employee has suffered a bereavement.
Bereavement leave is a paid entitlement under the Holidays Act 2003 (with payment based on relevant daily pay or average daily pay rules).
Eligibility rules matter, especially for casual and variable-hours staff, so it's worth checking entitlements rather than assuming "casual" means "no leave".
"Close relative" is defined under the Holidays Act and includes core relationships like parents, children, siblings, grandparents, grandchildren, a spouse/partner, and a spouse/partner's parent.
For bereavements outside the close relative definition, you need to assess the circumstances fairly (including relationship closeness and cultural obligations) before approving or declining 1 day of leave.
Having clear leave processes in your employment documents and policies helps you respond consistently and reduces legal risk at stressful times.

If you'd like help reviewing your employment documents or putting a clear leave policy in place, you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.

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