Bereavement Leave in New Zealand: Days, Eligibility, and Pay

In New Zealand, bereavement leave is 3 days of paid leave when an immediate family member dies or after a miscarriage or stillbirth, and 1 day when someone else dies and your employer accepts you have suffered a bereavement. It is available once you have worked for the same employer for 6 months, under the Holidays Act 2003.

This is general information about New Zealand employment law, not legal advice. For your own situation, consult a lawyer or your local Community Law centre.

Who is eligible for bereavement leave

Under the Holidays Act 2003, as explained by Employment New Zealand, an employee can take bereavement leave once they have either:

• 6 months' current continuous employment with the same employer, or
• worked for the employer for a total of 6 months at any time for an average of 10 hours a week, and at least 1 hour in every week or 40 hours in every month.

The second test lets regular part-time and some casual workers become eligible. If changes to your work mean you stop meeting the criteria, you are not eligible again until you re-qualify.

Employees with less than 6 months' service have no minimum bereavement leave under the current law, although an employer can choose to agree to leave. That 6-month wait is one of the things due to change in 2028 (see the last section below).

How much bereavement leave you can take

The entitlement applies to each bereavement. It is not a fixed allowance of 3 days a year, so two deaths in the family can each carry their own leave.

Who counts as immediate family

The Holidays Act sets out the list exactly: your spouse or partner, parent, child, brother or sister, grandparent, grandchild, or your spouse's or partner's parent. Anyone else, such as an aunt, uncle, cousin or friend, falls under the 1-day rule below, unless your employment agreement gives more.

Miscarriage and stillbirth

An employee who has a miscarriage or stillbirth can take 3 days of bereavement leave. So can an employee when another person has a miscarriage or stillbirth and the employee:

• is that person's partner;
• is that person's former partner and would have been a biological parent of the child;
• had agreed to be the primary carer of a child born as a result of the pregnancy, for example through a formal adoption or a whāngai arrangement; or
• is the partner of a person who had agreed to be the primary carer.

In the Act, a miscarriage is a pregnancy that ends in the first 20 weeks, and a stillbirth has the meaning given in the Births, Deaths, Marriages, and Relationships Registration Act 2021. Neither term covers a pregnancy ended by abortion services.

Where a baby is stillborn or dies, parental leave rules can also be relevant. See our guide to parental leave in New Zealand.

When someone outside immediate family dies

For the death of anyone else, 1 day of bereavement leave is available if your employer accepts that you have suffered a bereavement. Employment New Zealand lists the factors an employer should consider:

• how close the association was between you and the person who died;
• whether you have responsibility for any or all of the arrangements for the ceremonies relating to the death; and
• any cultural responsibilities you have in relation to the death.

How the leave can be used

Bereavement leave "can be taken at any time and for any purpose relating to the bereavement," according to Employment New Zealand. It does not have to be taken straight away, on the day of the funeral, or on consecutive days.

The current Act states the entitlement in days and does not expressly deal with part days. Employment New Zealand's own example shows an employee using her third day as two half days, so talk to your employer if you want to split a day. If more time is needed, an employer can agree to extra bereavement leave, leave in advance, annual holidays, or other paid or unpaid leave. An employer cannot force you to use annual holidays for a bereavement.

Proof of the bereavement

Employment New Zealand says "the law is silent about proof of bereavement." Proof cannot be made a condition of taking the leave, but an employer is not prohibited from asking for it. Both sides must deal with each other in good faith.

Bereavement leave pay

Bereavement leave is paid only for a day you would otherwise have worked. The payment should be your relevant daily pay or, if that is not possible or practical to work out, your average daily pay.

Average daily pay is the daily average of your total gross earnings over the past 52 weeks. Bereavement leave is paid in your normal pay cycle.

Public holidays and annual holidays

If a bereavement leave day falls on a public holiday you would otherwise have worked, it is treated as a paid public holiday not worked. You do not get time and a half or an alternative holiday, and no bereavement leave is deducted. See public holiday pay in New Zealand for the general rules.

If you are already on annual holidays when a bereavement happens, or about to start them, your employer must let you take bereavement leave instead of annual holidays for the relevant period. For how annual holidays are paid, see annual leave and holiday pay.

Bereavement leave is separate from sick leave. Both use the same 6-month test, but each has its own entitlement.

What changes on 6 August 2028

The Employment Leave Act 2026 passed its third reading on 29 July 2026 and received Royal assent on 6 August 2026. It is enacted but not yet in force. It will replace the Holidays Act 2003 on 6 August 2028, applying from the start of an employee's first pay period beginning on or after that date.

Under the Act, bereavement leave will be available from an employee's start date (section 89), the 3-day and 1-day entitlements stay (section 91), and leave can be taken in whole or part days (section 92). Leave will be paid at a single hourly leave pay rate instead of relevant daily pay or average daily pay.

None of this applies yet. Employment New Zealand says employers must follow the Holidays Act "until the new law starts on 6 August 2028" and "cannot start following the new law early." Where an employment agreement has not been updated by August 2028, employers must give whichever entitlement is more favourable until August 2029, after which the new minimums apply automatically.

For other leave and pay rights, see our New Zealand employment law guide or the New Zealand law hub.

Frequently Asked Questions

How many days of bereavement leave do you get in NZ?

Three days for the death of an immediate family member, or for a miscarriage or stillbirth, and one day for the death of another person where the employer accepts you have suffered a bereavement. The days apply per bereavement, not as a yearly allowance.

Do I get bereavement leave if I have worked less than 6 months?

Not as a legal minimum under the current Holidays Act 2003. The 6-month test must be met first. An employer can still agree to give paid or unpaid leave. Under the Employment Leave Act 2026, bereavement leave is due to be available from the first day of work, but only from 6 August 2028.

Is bereavement leave paid in New Zealand?

Yes, for days you would otherwise have worked. It is paid at relevant daily pay or, if that is not possible or practical, average daily pay, in the normal pay cycle.

Who counts as immediate family for bereavement leave?

Under the Holidays Act 2003: your spouse or partner, parent, child, brother or sister, grandparent, grandchild, and your spouse's or partner's parent. For anyone else, one day is available if the employer accepts you have suffered a bereavement.

Does bereavement leave cover a miscarriage?

Yes. Three days are available to the person who has the miscarriage or stillbirth, and to their partner, a former partner who would have been a biological parent, an intended primary carer such as through adoption or whāngai, or that carer's partner.

Do bereavement leave days have to be taken together?

No. Bereavement leave can be taken at any time and for any purpose relating to the bereavement, and does not need to be taken straight away or on consecutive days. The Act does not expressly deal with part days; Employment New Zealand's examples include taking part of the entitlement as half days.

Can my employer ask for proof?

The law is silent on proof of bereavement. An employer cannot make proof a condition of taking the leave, but is not prohibited from asking for it, and both sides must act in good faith.

What if a bereavement happens while I am on annual leave?

Your employer must let you take bereavement leave instead of annual holidays for the relevant period, so those days are not used up from your annual leave balance.