Holidays Act 2003

Bereavement leave

69 Bereavement leave

(1)

An employee may take bereavement leave in accordance with sections 63 and 70 if the employee suffers a bereavement.

(2)

An employee suffers a bereavement—

(a)

on the death of the employee’s—

(i)

spouse or partner:

(ii)

parent:

(iii)

child:

(iv)

brother or sister:

(v)

grandparent:

(vi)

grandchild:

(vii)

spouse’s or partner’s parent; or

(b)

on the death of any other person if the employer accepts, having regard to relevant factors such as those set out in subsection (3), that the employee has suffered a bereavement as a result of the death.

(3)

For the purposes of subsection (2)(b), relevant factors include—

(a)

the closeness of the association between the employee and the deceased person:

(b)

whether the employee has to take significant responsibility for all or any of the arrangements for the ceremonies relating to the death:

(c)

any cultural responsibilities of the employee in relation to the death.

Compare: 1981 No 15 s 30A(7)

Section 69(2)(a)(i): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 69(2)(a)(vii): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).