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Note: This is the text of the old Act that remains in force until 31st March 2004. From 1st April 2004 leave is governed by the Holidays Act 2003 | |
Section 30A Entitlement to special leave
In Plain English
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After 6 months service, an employee is entitled to 5 days special leave. -
Every 12 months after that they are entitled to another 5 days special leave. -
Any leave that is not taken does not accumulate.
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Legislation
[ 30A.1 Every worker who works for any one employer for more than 6 months shall be entitled in each
ensuing period of 12 months for which that worker works for that employer, to a minimum of 5 days special leave in accordance with the provisions of this section. 30A.2
Special leave under this section may be taken only when--- (a) The worker is sick; or
(b) The spouse of the worker is sick; or (c) A dependent child or dependent parent of the worker or of the spouse of the worker is sick; or
(d) The worker suffers a bereavement. 30A.3 Special leave under this section that is not taken in any period
of 12 months may not be accumulated for use in any subsequent period of 12 months. 30A.4 The worker's employer shall, subject to subsection (6) of this
section, pay to the worker for each day on which the worker takes special leave under this section an amount equivalent to the pay at the ordinary time rate of pay for the normal number of hours that that worker normally works on that day.
30A.5 Wherever practicable, a worker who wishes to take special leave on any day must, before that day or not later than 4 hours after the time
at which he or she would otherwise be required to start work on that day, notify the employer that the worker wishes to take special leave on that day. 30A.6
No worker shall be entitled to be paid under this section for any day for which the worker is paid earnings related compensation under the Accident Compensation Act 1982.
30A.7 For the purposes of this section, a worker suffers a bereavement (a) On the death of his or her
(i) Spouse; or (ii) Parent; or (iii) Child; or
(iv) Brother or sister; or (v) Grandparent; or
(vi) Father-in-law or mother-in-law; or (b) On any other occasion on which the employer accepts that, by reason of the death of any person, the worker has suffered a
bereavement. 30A.8 In this section "Husband" includes a man with whom a woman has entered into a relationship in the nature of marriage although not legally
married to him; and "wife" has a corresponding meaning: "Spouse" means the husband or wife of the worker.]
This section was inserted by s. 18 of the Holidays Amendment Act 1991.
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Cousins are included in bereavement leave 
Using the leave calendar
