 | My cousin recently died and I took time off work to attend his tangi.
I understood that I was entitled to bereavement leave, but my employer disagreed and pointed out that a cousin is not within the category of people
mentioned in the bereavement leave clause of my employment contract. I have checked my contract and he is correct.
Surely cousins should also be covered? |
| | Under section 30A(7) of the Holidays Act 1981 a worker is entitled to
bereavement leave if a spouse, parent, child, brother or sister, grandparent, or father-in-law or mother-in-law dies. Section 30A(7) then goes on to provide that a worker is also entitled to
bereavement leave |
"on any other occasion on which the employer accepts that, by reason of the death of any person, the worker has suffered a bereavement." | |
It appears that this part of section 30A(7) has been left out of your employment contract. This category is very wide and could include
cousins, friends, and even work colleagues. Section 33 prohibits employers from contracting out of the Act's entitlements.
Accordingly, provided that your employer accepts that you have suffered a bereavement, you are entitled to bereavement leave even though cousins are not mentioned in the bereavement leave clause of your
employment contract. | |
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52 week history not required
Termination 8% Part Year Payment
Holidays Act 2003