Compassionate leave, also known as bereavement leave, is an essential workplace entitlement in Australia under the Fair Work Act 2009. This provision allows employees to take time off work during personal or family crises such as the death or serious illness of a close family member or household member. It ensures job security while supporting employees during difficult times.
This article provides an in-depth look at compassionate leave, including eligibility, entitlements, and application processes. Whether you’re an employer formulating leave policies or an employee seeking clarity about your rights, this guide offers all the necessary details.
What Is Compassionate Leave?
Compassionate leave is a form of leave provided to employees to help them cope with significant personal losses or crises. This may involve the passing of a loved one, life-threatening illness, miscarriage, or stillbirth. The goal is to allow employees the time and space needed to grieve, make arrangements, and recover emotionally without the risk of job loss.
Under the National Employment Standards (NES), all employees—whether full-time, part-time, or casual—are entitled to compassionate leave, subject to certain conditions.
Key Entitlements and Coverage
| Aspect | Details |
|---|---|
| Duration | Two days of leave per occasion. |
| Eligibility | Available to all employees (full-time, part-time, and casual) for specific incidents. |
| Payment | Paid leave for full-time and part-time employees; unpaid for casual employees. |
| Evidence | Proof such as a death certificate or funeral notice may be required by the employer. |
| Flexibility | Can be taken as two consecutive days, two separate days, or split as agreed with the employer. |
| Recurring Use | Granted per qualifying event with no yearly cap. |
Eligibility for Compassionate Leave
Compassionate leave is available to employees facing situations such as:
- The death of an immediate family or household member.
- A family member or household member suffering a life-threatening illness or injury.
- A miscarriage or stillbirth involving the employee or their spouse.
- The need to attend a funeral or manage related arrangements.
Who Qualifies as Immediate Family?
Immediate family members, as defined by the Fair Work Act, include:
- Spouses, de facto partners, or former partners.
- Parents, grandparents, children, and grandchildren.
- Siblings, including step-siblings and adoptive relations.
Household members, even those who are not blood relatives, may also qualify if they live with the employee.
How Many Days Can You Take?
Employees are entitled to two days of compassionate leave per occasion. Unlike annual leave, this entitlement is not cumulative and does not carry over. However, there’s no limit to the number of times an employee can take compassionate leave within a year, provided each instance involves a qualifying event.
Example:
If an employee’s father becomes gravely ill and later passes away, they may take two separate compassionate leaves—one for the illness and another for the passing. Each qualifies as an independent occasion.
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Taking Compassionate Leave
Compassionate leave can be taken in various ways to accommodate different needs:
- Two continuous days: Taken as one block of leave.
- Two separate days: Split into individual days for different purposes.
- Agreed split: Divided into other arrangements, subject to employer approval.
This flexibility allows employees to balance responsibilities, such as attending a funeral and handling estate matters.
Notice and Evidence Requirements
Notification:
Employees must inform their employer as soon as possible, even if the notice is given after the leave begins.
Evidence:
Employers may request reasonable proof, such as:
- A death certificate.
- Funeral details.
- A statutory declaration or other relevant documents.
Employers are encouraged to handle these requests with sensitivity, considering the emotional stress employees may be experiencing.
Frequently Asked Questions (FAQs)
- Can compassionate leave be used multiple times in a year?
Yes. Employees can take leave for each qualifying incident without a yearly limit. - Can more than two days be taken?
While the standard entitlement is two days, employees may negotiate additional leave using annual leave, unpaid leave, or personal/carer’s leave. - Do casual employees receive paid leave?
No. Casual employees are entitled to compassionate leave but on an unpaid basis. - Does compassionate leave accumulate?
No. This leave is granted per incident and does not roll over. - Is compassionate leave different from personal/carer’s leave?
Yes. Compassionate leave is a separate entitlement and does not affect personal/carer’s leave balances.
Supporting Employees Through Compassionate Leave
For employers, implementing clear and empathetic compassionate leave policies can foster a supportive workplace environment. By respecting employee rights and providing flexibility during crises, businesses can strengthen employee loyalty and morale.
For more information, consult the Fair Work Ombudsman or your workplace policy handbook.