Bereavement leave in New Zealand: how many days, who qualifies and what you are paid
Under the Holidays Act 2003, an employee who meets the six-month test gets 3 days of paid bereavement leave for each death of a close relative and 1 day for the death of anyone else the employer accepts as a bereavement (sections 69 and 70). Pay is the employee's relevant daily pay or average daily pay for each day that would otherwise have been worked.
Bereavement leave is paid time off work that lets an eligible employee grieve and deal with matters that follow a death. It is a legal minimum, not a ceiling: Employment New Zealand says it can be taken "at any time and for any purpose relating to the bereavement", does not have to be taken straight away or on consecutive days, and an employer may agree to give more. The relationship decides whether you get 3 days or 1. You must have 6 months of continuous employment with the employer, or have worked for them for a total of 6 months at an average of 10 hours a week with at least 1 hour in every week or 40 hours in every month. It is separate from any money for the funeral itself; that comes from a grant, savings or insurance, not from the leave.
Who gets 3 days and who gets 1
Section 69(2) of the Act lists the deaths that count as a bereavement, and section 70 sets the days. The lists below use the Act's words.
| The person who died | Days | Basis |
|---|---|---|
| Your spouse or partner | 3 | Holidays Act, s69(2)(a), s70 |
| Your parent | 3 | s69(2)(a) |
| Your child | 3 | s69(2)(a) |
| Your brother or sister | 3 | s69(2)(a) |
| Your grandparent | 3 | s69(2)(a) |
| Your grandchild | 3 | s69(2)(a) |
| Your spouse's or partner's parent | 3 | s69(2)(a) |
| Anyone else, if your employer accepts you have suffered a bereavement | 1 | s69(2)(b), s70 |
| The end of your own pregnancy by miscarriage or stillbirth | 3 | s69(2)(c) |
| The end of another person's pregnancy, if you are their partner or fit one of the other listed roles | 3 | s69(2)(d) |
(Holidays Act 2003, sections 69 and 70, as at 20 December 2023, retrieved 20 October 2026.)
The list is closed. A partner's brother or sister, a grandparent-in-law, an aunt, an uncle, a cousin and a close friend are all outside the three-day list, so each is a one-day case that depends on your employer accepting the bereavement. The Act does not spell out step-parents or foster relationships; if you are unsure, ask your employer or Employment New Zealand. For the one-day category the Act tells the employer to have regard to three factors: how close you were to the person who died, whether you have to take significant responsibility for the arrangements for the ceremonies, and "any cultural responsibilities" you have in relation to the death (section 69(3)). If more than one bereavement happens at the same time, you may take the leave for each (section 70). Miscarriage means the end of a pregnancy in the first 20 weeks, other than through abortion services provided under the 1977 Act; stillbirth has the meaning in the Births, Deaths, Marriages, and Relationships Registration Act 2021 (section 69(4)). More is on our miscarriage and bereavement leave page.
The six-month test
Section 63 sets the test, and it is the same one used for sick leave.
| Your work pattern | The test is met when |
|---|---|
| Regular employee | You have 6 months of current continuous employment with the same employer |
| Irregular or casual hours | You have worked for the employer for a total of 6 months at an average of 10 hours a week or more, with at least 1 hour in every week or 40 hours in every month |
| Under 6 months in the job | You are not entitled under the Act. Your employer can still agree to leave |
(Holidays Act 2003, s63; Employment New Zealand, retrieved 20 October 2026.)
Employment NZ adds that if you do not meet the test because your work pattern changes, you are not entitled, though you may qualify again when you meet it. If you do not qualify, or you want more than the minimum, your employer can agree to paid or unpaid leave, or to leave in advance. They cannot make you take bereavement leave as annual holidays.
How bereavement leave is paid
Section 71 requires the employer to pay your relevant daily pay, or your average daily pay, for each day of bereavement leave that would otherwise have been a working day for you. Employment NZ says average daily pay can be used when your usual daily pay is not possible or practical to work out, or when your daily pay varies within the pay period.
Two situations are worth knowing:
- A public holiday. If you would have worked on a public holiday but have a bereavement, the day is treated as a paid, unworked public holiday. You are paid the relevant daily pay, you do not get time and a half or an alternative holiday, and no bereavement leave is deducted.
- Annual holidays. If you are about to go on annual holidays, or are already on them, and then have a bereavement, your employer must let you take bereavement leave for the relevant period.
Proof, refusals and extra leave
Proof. The law is silent about proof of bereavement, so an employer cannot make proof a condition of taking the leave, but is not stopped from asking. Employment NZ says good faith applies: both of you should communicate honestly and promptly. Tell your employer as soon as you can.
Refusal. For a death on the three-day list, the Act requires the employer to allow the leave (section 70), if you meet the six-month test. For the one-day category the employer decides whether to accept a bereavement, having regard to the factors above.
Extra leave. Your employer may agree to more, for example when a funeral is a long way away. Employment NZ gives examples: a funeral in Sydney followed by a later local memorial service, and two days taken straight away for a grandmother's tangi followed by more leave later for the unveiling of her headstone. Employment NZ says that if you want more than the minimum, your employer can agree to paid or unpaid leave, or leave in advance. For a tangihanga that runs longer than three days, see tangihanga costs, leave and support. The Act does not name a tangihanga, but "cultural responsibilities" is one of the named factors for the one-day category.
A change coming in 2028
Employment New Zealand says the Employment Leave Act starts on 6 August 2028 and replaces the Holidays Act, and that the current rules apply until then. Its bereavement page gives no detail of what the new Act will say, so treat the figures on this page as the position for now and check Employment NZ before relying on them in 2028.
What bereavement leave does not cover
Leave does not pay for the funeral. If you need help with costs, the Work and Income funeral grant is up to $2,697.43 as at 1 April 2026 and is tested on the estate of the person who died and, where relevant, a partner's or parent's income and assets. Work and Income also lists help with travel to a funeral or tangi if you cannot afford it, through an advance payment of benefit or a recoverable assistance payment (Work and Income: Bereavement, updated 24 July 2026); see travel help for a funeral. The order of the other tasks is in the when someone dies checklist, who to notify and how to pay for a funeral.
Frequently asked questions
Can my employer say no?
For a spouse, partner, parent, child, brother, sister, grandparent, grandchild or spouse's or partner's parent, no: the employer must allow 3 days if you meet the six-month test. For anyone else the employer decides whether to accept the bereavement.
Is bereavement leave paid?
Yes. It is paid at relevant daily pay or average daily pay for each day you would otherwise have worked, in the pay for the period in which you take it.
Do I get leave for a grandparent?
Yes, 3 days. Grandparents and grandchildren are on the list in section 69(2)(a). Grandparents-in-law are not, and are a one-day case.
Can I split my days?
Yes. They do not have to be taken straight away or in a row, and can be used for any purpose connected with the bereavement, such as seeing a lawyer about the will.
Do casual workers get it?
They do if they meet the 10 hours a week average with 1 hour every week or 40 hours every month over 6 months.
Where to go from here
Cover bought now would not respond to a death that has already happened: Momentum Life's Funeral Insurance pays only for accidental death in its first 24 months (any other death in that window pays no benefit and the premiums are refunded), and its Quick Life excludes pre-existing conditions and suicide for the first two years. Total funeral premiums can also add up to more than the benefit, and the benefit may not cover the whole funeral. If you are thinking about your own cover afterwards, the buttons on this page lead to Momentum's online application, which is one option among several. Momentum Life is rated B (Fair) by A.M. Best (financial strength). QuoteHub is a Momentum Life partner and Smiths Insurance & KiwiSaver may receive a commission; see how we are paid. Advice is provided by Craig Smith Business Services Limited, trading as Smiths Insurance & KiwiSaver, a licensed Financial Advice Provider (FSP712931). Back to when someone dies.
Adviser's view
Bereavement leave is paid time off work, not money towards the funeral. It gives three days per bereavement for close family and one day where the employer accepts a bereavement, and it does not have to be taken straight away. The relationship list decides which applies: a partner's sibling or a grandparent-in-law is a one-day case, while a grandparent or grandchild is three days.
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Cite this page QuoteHub NZ (2026). Bereavement Leave NZ: Days, Pay and Who Qualifies. www.quotehub.co.nz/guides/when-someone-dies/bereavement-leave-nz. Updated 2026-10-20.
References
- New Zealand Legislation: Holidays Act 2003
- Employment New Zealand: Taking bereavement leave
- Work and Income: Bereavement
- Work and Income: Funeral Grant
- Momentum Life: Financial strength
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