Who is entitled to bereavement leave?
Under the Holidays Act 2003 there are two types of bereavement leave. The employer must allow the employee to take:
Three days of paid bereavement leave on the death of a spouse, parent, child, brother/sister, grandparent, grandchild or spouse's parent;
One day of paid bereavement leave on the death of any other person if the employer accepts that the employee has suffered a bereavement as a result of death.
This leave provides time for an employee to grieve and to deal with matters associated with the bereavement. Employers can and frequently do agree to bereavement leave above the minimum entitlement. There is no requirement for the deceased person to have been located in the employee's region.
Qualifying for bereavement leave
All employees are entitled to paid bereavement leave after completing six months of continuous employment with their employer.
The Holidays Act also provides bereavement leave entitlements after six months to employees, including casual employees, whose employment is not continuous if, during those six months, they have worked:
1. An average of at least 10 hours per week, and
2. At least one hour per week or 40 hours per month.
Click here for more information on bereavement leave.
Payment for bereavement leave should be at the rate the employee would ordinarily be paid on the day leave is taken, that is, their relevant daily pay. Click here for information on calculating payment for bereavement leave.
Use our Holidays and Leave Tool to work out entitlements for public holidays, and sickness and bereavement leave.
Date Modified: Wednesday, 29 August 2012
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and should not be used as a substitute for legislation or legal advice.State sector employers
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