Bereavement Leave: Understanding Eligibility and Entitlement

This article explores Bereavement Leave, a special paid leave for eligible employees in various situations such as near-death experiences, miscarriage, or birth. This time off allows workers to grieve and attend to bereavement needs, offering flexibility in taking leave related to these conditions. To learn more about Bereavement Leave, including its definition, eligibility, and additional details, continue reading this article.

Bereavement Leave

When employees face the loss of a close family member, Bereavement Leave provides them the opportunity to step away from work, alleviating concerns about income impact during such challenging times. Available to both full-time and part-time workers with at least six months of employment, this leave can be taken following the loss of an immediate family member.

Bereavement Leave covers the loss of immediate family, including a spouse, partner, sibling, child, grandparent, partner’s parent, or other close relatives. The New Zealand government has enacted a bill ensuring a three-day paid leave for situations like death, miscarriage, or the birth of a newborn child. The bill also extends to parents adopting a child.

What is Bereavement Leave?

Bereavement Leave is a federal paid benefit aimed at providing employees with time to grieve and attend to related matters. This leave, granted for bereavement purposes, can be utilized flexibly. In addition to the minimum entitlement, employers often offer extra leave based on individual circumstances. Eligible employees can avail three full days of paid leave for each bereavement incident, while those outside their immediate family are entitled to one day of leave.

Eligible employees receive various types of leave and holidays, such as alternative holidays, sick leave, public holidays, minimum leave and holiday entitlements, annual holidays, and other working days. However, Bereavement Leave covers unique situations like parental leave, family violence leave, and other leave types, which are calculated separately from standard holidays and leave.

Before taking these specific leaves, employees may be asked for proof, but this should be done in good faith. It’s crucial for both employers and employees to maintain open communication and be responsive to each other’s needs during these challenging 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. Have worked for the employer for at least 6 months.
  2. Maintained an average of 10 hours of work per week.
  3. Committed to at least 40 hours of work in a month.

Employees meeting these criteria can avail of Bereavement Leave once every 12 months, and they can re-qualify for it after six months. It is essential for employees to inform their employer before taking this leave.

This three-day paid Bereavement Leave covers immediate family members, including parents, children, spouses, and more. It applies in situations like miscarriage or the birth of a new child.

All We Know

Bereavement Leave differs from annual and sick leave as it is based on the employee’s ordinary work hours and does not accrue. Instead, it is paid out at a relevant daily rate upon termination, offering straightforward access to the leave with a simple daily pay calculation.

Payment for Bereavement Leave is contingent on the employee working on the designated day, with compensation calculated at the relevant daily pay rate. In the case of a public holiday falling on a day the employee has worked, it is counted as a paid public holiday.

To ensure clarity and support for workers, employers should establish a well-defined Bereavement Leave policy. This policy helps manage the process and provides guidance for both employers and employees during challenging times.

 

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