Increase the minimum bereavement leave entitlement to ten days
Petition request
Why this petition
📖 Background
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What the Topic Is
This petition asks the New Zealand Parliament to change the Holidays Act 2003. Currently, employees are entitled to a minimum of three days of paid bereavement leave when an immediate family member dies. The petition seeks to increase this to ten days and expand the definition of "immediate family" to include extended whānau and de facto partners. It also requests more flexibility for returning to work after such a loss.
Current Situation in New Zealand
Under current law, the three-day entitlement is a minimum. Many employers offer more, but there is no legal guarantee beyond those three days. The petition was prompted by a personal tragedy where a self-employed individual lost their daughter and was unable to work for months due to grief trauma. The petitioner argues that the current legal standard does not reflect the medical, financial, and emotional reality of modern grief in Aotearoa New Zealand.
Arguments in Favour
- Mental Health and Safety: Grief is a significant health event. Short leave periods may force people to return to work before they are emotionally or physically safe to do so, potentially leading to long-term health issues.
- Cultural Relevance: The current definition of "immediate family" is narrow. Expanding it to include extended whānau aligns better with Māori cultural values and the reality of many New Zealand families, where support networks are broader.
- Workplace Retention: Employees who feel supported during crises are more likely to remain with their employers. Inadequate leave can lead to job loss, particularly for self-employed individuals or those in precarious work situations.
Arguments Against
- Business Costs: Small and medium enterprises (SMEs) may struggle to cover the cost of ten days of paid leave, especially if multiple employees are affected simultaneously. This could impact business viability or lead to reduced hiring.
- Operational Disruption: Longer mandatory leave periods could create staffing shortages, particularly in sectors with thin margins or high reliance on casual labor, such as hospitality and retail.
- Complexity of Definition: Defining "extended whānau" and "de facto partners" for legal purposes can be complex and may lead to disputes over who qualifies for the leave.
Relevant Context
The Holidays Act 2003 is the primary legislation governing paid leave in New Zealand. According to the Ministry of Business, Innovation and Employment (MBIE), the Act sets minimum standards, meaning employers can offer more but not less. Recent reviews of the Act have focused on modernizing employment relationships, but bereavement leave has not been a primary focus of recent amendments. The issue affects all employees, but is particularly critical for those in roles with less job security or those caring for wider family networks.
Community verdict
1 support · 3 oppose
