Bereavement leave in New Zealand: how many days, who qualifies and what you are paid
Bereavement leave in New Zealand is three paid days for the death of a close family member and one paid day for other deaths an employer accepts as a bereavement, set out in section 70 of the Holidays Act 2003 (New Zealand Legislation, retrieved 8 September 2026). It applies once you have worked for the same employer for six months, and it is paid at your relevant daily pay or average daily pay.
Who gets three days and who gets one
The Holidays Act splits bereavement into two tiers, and which one applies depends on the relationship, not on how close you actually were to the person. Section 69(2) of the Act (New Zealand Legislation, retrieved 8 September 2026) lists the relationships that automatically qualify for three days, and leaves everything else to the employer's discretion for one day.
Bereavement leave under the Holidays Act 2003 is three days for a defined list of close relatives and for a miscarriage or stillbirth, and one day for any other death your employer accepts as a bereavement (New Zealand Legislation, s69 to s70, retrieved 8 September 2026). The table below sets out exactly who falls into each tier.
| Type of bereavement | Days | Legal basis |
|---|---|---|
| Spouse or partner | 3 | Holidays Act 2003, s69(2)(a)(i) |
| Parent | 3 | Holidays Act 2003, s69(2)(a)(ii) |
| Child | 3 | Holidays Act 2003, s69(2)(a)(iii) |
| Brother or sister | 3 | Holidays Act 2003, s69(2)(a)(iv) |
| Grandparent | 3 | Holidays Act 2003, s69(2)(a)(v) |
| Grandchild | 3 | Holidays Act 2003, s69(2)(a)(vi) |
| Spouse's or partner's parent | 3 | Holidays Act 2003, s69(2)(a)(vii) |
| Your own miscarriage or stillbirth | 3 | Holidays Act 2003, s69(2)(c), inserted by the Holidays (Bereavement Leave for Miscarriage) Amendment Act 2021 |
| Partner's miscarriage or stillbirth | 3 | Holidays Act 2003, s69(2)(d), inserted 31 March 2021 |
| Any other person, if your employer accepts you have suffered a bereavement | 1 | Holidays Act 2003, s69(2)(b) and s70(1)(b) |
(New Zealand Legislation, Holidays Act 2003, ss69 to 70, retrieved 8 September 2026.)
If more than one person dies at the same time, for example both parents in an accident, you are entitled to the leave for each bereavement separately under section 70(2) of the Act (New Zealand Legislation, retrieved 8 September 2026).
The six-month qualifying rule
You qualify for bereavement leave once you have worked for the same employer for six months continuously, or for six months on an irregular basis averaging at least 10 hours a week and at least one hour in every week or 40 hours in every month, under section 63 of the Holidays Act 2003 (New Zealand Legislation, retrieved 8 September 2026). This is the same qualifying test that applies to sick leave, and Employment New Zealand (retrieved 8 September 2026) confirms the entitlement renews every 12 months once you meet it.
Bereavement leave qualification uses the same six-month test as sick leave, and the table below shows what counts.
| Employment pattern | Qualifies after | Source |
|---|---|---|
| Full-time or part-time, same employer | 6 months' continuous employment | Holidays Act 2003, s63; Employment NZ |
| Irregular hours (casual) | 6 months averaging 10+ hours a week, 1+ hour every week or 40+ hours every month | Holidays Act 2003, s63; Employment NZ |
| New employee under 6 months | Not entitled under the Act, though an employer may agree to grant leave anyway | Employment New Zealand |
(Holidays Act 2003, s63; Employment New Zealand, retrieved 8 September 2026.)
How much you get paid
Bereavement leave is paid, not unpaid, for every day that would otherwise have been a working day. Section 71 of the Holidays Act 2003 (New Zealand Legislation, retrieved 8 September 2026) requires the employer to pay an amount equal to the employee's relevant daily pay or average daily pay for each qualifying day taken, in the pay period the leave falls in, under section 72 of the Act.
How many days can I get off if a family member dies?
You are entitled to three paid days if the person who died was your spouse or partner, parent, child, sibling, grandparent, grandchild, or your spouse's or partner's parent, under section 70(1)(a) of the Holidays Act 2003 (New Zealand Legislation, retrieved 8 September 2026). For any other relationship your employer decides, on a case by case basis, whether one day applies.
Can an employer decline bereavement leave?
No. Once you meet the six-month qualifying rule and the death falls within the defined list of relationships in section 69(2)(a), (c) or (d), your employer must allow the three days under section 70(1) of the Holidays Act 2003 (New Zealand Legislation, retrieved 8 September 2026). For a death outside that list, the employer decides whether a bereavement occurred, but cannot simply refuse without considering the factors the Act sets out.
Do I need to provide proof of bereavement leave in New Zealand?
The Holidays Act 2003 does not set a mandatory proof requirement for bereavement leave in the way it does for sick leave. Employment New Zealand (retrieved 8 September 2026) says both parties must act in good faith, which allows an employer to ask questions, but not to make payment conditional on proof it has not agreed to reimburse.
Do you get bereavement leave for a friend?
Yes, potentially, but only as the one-day discretionary category. A friend is not on the automatic three-day list in section 69(2)(a) of the Holidays Act 2003, so your employer decides whether to accept the bereavement, weighing how close the relationship was, whether you carried responsibility for the arrangements, and any cultural responsibilities (New Zealand Legislation, s69(3), retrieved 8 September 2026).
What are the legal requirements for bereavement leave in New Zealand?
The legal requirements are set out in Part 3 of the Holidays Act 2003: six months' qualifying employment (s63), a bereavement as defined in section 69, three or one day's leave depending on the relationship (s70), and payment at relevant or average daily pay in the following pay cycle (ss71 to 72) (New Zealand Legislation, retrieved 8 September 2026).
What counts as a miscarriage or stillbirth for bereavement leave?
A miscarriage is the end of a pregnancy in the first 20 weeks other than through abortion services, and a stillbirth takes its definition from the Births, Deaths, Marriages, and Relationships Registration Act 2021, under section 69(4) of the Holidays Act 2003 (New Zealand Legislation, retrieved 8 September 2026). Three days apply whether the pregnancy was yours or your spouse's or partner's, since 31 March 2021 under the Holidays (Bereavement Leave for Miscarriage) Amendment Act 2021.
Can I take bereavement leave for a tangihanga?
Yes. Tangihanga responsibilities are a named factor an employer must weigh under section 69(3)(c) of the Holidays Act 2003 when deciding whether to grant the one-day discretionary category, and if the death is of a close relative on the three-day list the leave applies regardless of cultural obligations (New Zealand Legislation, retrieved 8 September 2026). Because a tangihanga commonly runs longer than three days, our guide to tangihanga costs, leave and support covers what happens once the statutory entitlement runs out.
Does my employer have to give me more than the minimum?
No, but many do. The Act sets a floor, not a ceiling, and an employer can agree to additional paid or unpaid bereavement leave depending on the circumstances (Employment New Zealand, retrieved 8 September 2026). If the statutory days are not enough, the next options are annual leave, unpaid leave by agreement, or in the case of an accidental death, ACC's weekly compensation and grants which are separate from bereavement leave entirely.
Can my employer make me use annual leave instead?
No. Bereavement leave is a separate statutory entitlement from annual holidays under the Holidays Act 2003, and an employer cannot substitute one for the other without your agreement. You keep your annual leave balance untouched by any bereavement leave you take.
Do casual and part-time employees get bereavement leave?
Yes, once they meet the six-month qualifying test in section 63 of the Holidays Act 2003, which for irregular work means averaging at least 10 hours a week over that six months, with at least one hour worked in every week or 40 hours in every month (New Zealand Legislation, retrieved 8 September 2026). Employees who have not yet reached six months are not entitled under the Act, though an employer may still agree to leave.
Does bereavement leave have to be taken straight away or on consecutive days?
No. Employment New Zealand (retrieved 8 September 2026) confirms bereavement leave can be taken at any time and for any purpose relating to the bereavement, and the days do not have to run together. That flexibility matters for tasks that fall weeks later, such as registering the death, applying for a funeral grant or starting probate.
What happens if I need time off for a death overseas?
The Holidays Act does not distinguish between a death in New Zealand and one overseas; the same three or one day entitlement applies based on the relationship. What changes is timing and cost: travel and quarantine or visa issues may mean the statutory leave is not enough, so most employees combine it with annual leave or unpaid leave by agreement.
What bereavement leave does not cover
Bereavement leave is time off work, not money for a funeral, and it is separate from every financial support scheme in this cluster. If cost is the immediate problem, Work and Income's funeral grant, an ACC funeral grant where the death was accident-related, or a life insurance payout are the separate levers, and each has its own eligibility rules.
| What you need | Where it is covered |
|---|---|
| Time off work | This page (Holidays Act 2003, ss69 to 72) |
| Help with the funeral bill | WINZ funeral grant or ACC funeral grant |
| The order of everything to do | When someone dies: the complete checklist |
| Who to tell | Who to notify after a death in NZ |
| Applying for probate | Probate in NZ |
QuoteHub built this cluster because bereavement leave, funeral grants and a life insurance claim are usually needed in the same fortnight, and each one runs on a different clock. Working out which applies to your situation, in order, is the point of the when someone dies checklist.
If the death has left a life insurance or income protection policy needing a claim, our guide to how a life insurance payout works after death sets out the timeline, and how to claim life insurance in New Zealand covers the paperwork step by step. Financial advice is provided by Craig Smith Business Services Limited, trading as Smiths Insurance & KiwiSaver, a licensed Financial Advice Provider (FSP712931). QuoteHub is a trading name. If you would like a licensed adviser to talk through cover on a policy you now hold or need, start a free comparison.
What else the bereaved household usually has to sort out
Bereavement leave buys you time off work, but most of the tasks below have their own deadline and do not wait for you to feel ready. Once the funeral is arranged, the practical next step is usually finding the will and working out whether probate is needed, or whether the estate is small enough that a bank or insurer can pay out directly under the $40,000 small-estates threshold. If there is no will at all, our companion cluster on dying without a will in New Zealand explains what happens instead, and who gets a life insurance payout when there is no nominated beneficiary covers the specific question that comes up with a life policy.
Whoever takes on the executor's role has to work out what the estate owes as well as what it is worth: our guide to debts when someone dies in New Zealand sets out which debts survive the death and which do not. On the cost side, funeral cost in New Zealand, cremation cost in New Zealand and the comparison of burial versus cremation cover what the bill actually looks like, and how to pay for a funeral in New Zealand sets out the options if the estate cannot cover it immediately. If the death was Māori and involves a tangihanga, tangihanga costs, leave and support is the page to read before this one, since it covers how the statutory leave interacts with a longer cultural process.
None of this replaces putting your own affairs in order. If today's bereavement made you think about your own will, making a will in New Zealand and our free will service are the starting points, and reviewing life insurance, income protection or trauma cover so your own family is not left in the same position is what a licensed financial adviser can help with.
Adviser's view
The confusion QuoteHub keeps seeing is between bereavement leave and money: the Holidays Act gives paid time off, not a contribution to funeral costs, and the two run on completely separate rules. A family that assumes the leave itself pays for anything still needs to apply separately for a funeral grant or a life insurance advance if the bill needs covering fast.
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Cite this page QuoteHub NZ (2026). Bereavement Leave NZ: Days, Pay and Who Qualifies (2026). www.quotehub.co.nz/guides/when-someone-dies/bereavement-leave-nz. Updated 2026-09-09.
References
- Holidays Act 2003, sections 63, 69 to 72
- Holidays (Bereavement Leave for Miscarriage) Amendment Act 2021
- Births, Deaths, Marriages, and Relationships Registration Act 2021, s147 definitions
- Employment New Zealand: Taking bereavement leave
- Employment New Zealand: Bereavement leave
Explore related pages: Life Insurance, Income Protection, Health Insurance, Trauma Insurance, Compare Insurance NZ.