Increased Bereavement Leave entitlements

On 31 March 2021, the bereavement leave provisions of the Holidays Act 2003 were amended to entitle an employee who qualifies for bereavement leave to take such leave in the following additional circumstances:

• On the end of the employee’s pregnancy by way of a miscarriage or still-birth; • On the end of another person’s pregnancy by way of a miscarriage or still-birth if the employee: – is the person’s spouse or partner; or – is the person’s former spouse or partner and would have been the biological parent of the child; or – had undertaken to be the primary carer (as per parental leave legislation) of the child; or – is the spouse or partner of the person who had undertaken to be the primary carer of the child. The terms ‘miscarriage’ and ‘still-birth’ are both defined. Up to three days bereavement leave are provided for in relation to the above types of bereavement.

In our view, these amendments make sense and in practice, are likely to have little effect on an employer’s employment compliance costs.

For more information visit www.employment.govt.nz/ leave-and-holidays/bereavement-leave/

Danny Jacobson and Trudy Marshall are Partners at Employment Lawyers Tauranga and they specialise exclusively in employment law. They operate our Employment Helpline for NZCB members: phone 07 928 0529 for 10 minutes free advice on any employment related issue. (The above is by its nature general, and is not intended to be a substitute for legal advice.)