What is the process and eligibility criteria for taking bereavement leave in New Zealand, and how is pay calculated?

In New Zealand, the process and eligibility criteria for taking bereavement leave are as follows:

Eligibility for 3 Days of Bereavement Leave:

• A supported employee is entitled to a minimum of 3 days of bereavement leave per bereavement if an immediate family member (e.g., parent, child, partner or spouse, grandparent, grandchild, sibling, or parent-in-law) passes away.
• The same entitlement applies if the supported employee experiences a miscarriage or stillbirth, or if another person has a miscarriage or stillbirth under certain conditions:

- The supported employee is the person’s partner.

- The supported employee is the person’s former partner and would have been a biological parent of a child born as a result of the pregnancy.

- The supported employee had agreed to be the primary carer of a child born as a result of the pregnancy (e.g., through a formal adoption or a whangai arrangement).

- The supported employee is the partner of a person who had agreed to be the primary carer of a child born as a result of the pregnancy.

Eligibility for 1 Day of Bereavement Leave:

• Supported employees are entitled to a minimum of 1 day of bereavement leave per bereavement if another person dies and the employer accepts that there has been a bereavement. Considerations include:

- The closeness of the relationship with the deceased.

- Responsibilities for arrangements related to the death ceremonies.

- Any cultural responsibilities in relation to the death.

Bereavement leave in New Zealand is paid at the employee’s normal daily rate. Employees should inform their employer as soon as possible after experiencing a bereavement. Although the law does not specifically require proof of bereavement, employers may request it under the principles of good faith.

What are the guidelines for emergency leave, including length, eligibility, application rules, and pay calculation in New Zealand?

In New Zealand, there is no statutory entitlement for emergency leave. The decision to grant long-term unpaid leave for emergencies is at the discretion of the employer. The approval of such leave must be mutually agreed upon between the employee and the employer, as it is not mandated by law. Therefore, guidelines including length, eligibility, application rules, and pay calculation are based on the individual employment agreement and the discretion of the employer.

What are the guidelines for Jury Service Leave in New Zealand, including length, eligibility, application rules, and pay calculation?

If an employee is called up for jury service, they are required by law to attend, and their job is protected while they do so. Their employer must allow them to attend jury service.

However, if the employee’s absence from work causes difficulty because of special commitments or responsibilities they may have, they can apply to be excused or to have their service deferred, for which their employer can provide them with a letter of support.

Those who attend jury service receive a small attendance fee from the Ministry of Justice.

Employers do not have to pay their employees while they are on jury service, but many choose to ‘top up’ the money they get from the Ministry of Justice so that their employees receive their normal pay.

What are the guidelines for military service leave in New Zealand, including length, eligibility, application rules, and pay calculation?

In New Zealand, the guidelines for military service leave are governed by the Volunteers Employment Protection Act 1973. Here are the key points:

• Length and Eligibility: Employees are entitled to take leave for military activities including full-time or part-time voluntary training or service and active operational service if they are called up or volunteer in a 'Situation of National Interest,' war, or emergency.

• Job Protection: Employers must hold the employee's job open and maintain their entitlements during the period of military service. However, they are not required to pay employees while on leave.

• Application Rules: Employers have the right to request a postponement of the employee’s military service or training if the absence would cause undue hardship. If an employer receives notice of an employee's intent to take leave for military activities, they must respond in writing within 21 days.

There is no obligation for employers to pay for the period during which the employee is on military leave.

How long is unpaid leave in New Zealand?

In New Zealand, employees are not automatically entitled to take unpaid leave; this type of leave requires the employer's agreement. This agreement can either be stipulated in the employment agreement or negotiated between the employee and employer at the time the leave is requested.

An employer may agree to a period of unpaid leave under various circumstances, such as:

• When an employee lacks sufficient annual holidays to cover the desired time off work.
• When an employee does not have enough sick leave to cover a period of illness or injury.
• For study leave.
• For a sabbatical.
• When the employee cannot take parental leave or negotiated carer leave.