Compassionate leave, also known as bereavement leave, is a vital employee benefit under the National Employment Standards (NES) in Australia. It provides workers with time off in the event of a family emergency, such as the death or serious illness of an immediate family member. This leave is designed to allow employees to manage personal and emotional challenges without the added stress of work obligations, ensuring a supportive and empathetic workplace.
What Is Compassionate Leave in Australia?
Compassionate leave allows employees to take time off work to deal with critical personal situations, including the death or severe illness of an immediate family member. This time is granted to help workers cope with emotional distress, attend to funeral arrangements, or care for family members in need.
Under the NES, all types of employees—whether full-time, part-time, or casual—are entitled to compassionate leave. The leave is granted per qualifying event, meaning employees can use compassionate leave multiple times a year if needed.
Eligibility for Compassionate Leave in 2024
Who is Eligible?
All employees are entitled to compassionate leave:
- Full-time and part-time employees: They are eligible for paid compassionate leave for their regular work hours.
- Casual employees: These workers are entitled to unpaid compassionate leave.
This policy ensures that all employees, regardless of employment status, have access to compassionate leave when they face family crises.
Qualifying Family Members
The NES defines “immediate family” as:
- Spouse or former spouse
- De facto partner or former de facto partner
- Parents, grandparents, children, and grandchildren
- Siblings
- In-laws (spouse’s or de facto partner’s immediate family)
Additionally, anyone living in the same household as the employee is considered part of their immediate family, even if they are not related by blood or marriage.
Compassionate Leave: Amount and Duration
How Much Compassionate Leave Can You Take?
Employees are entitled to 2 days of compassionate leave per qualifying event. This time off allows employees to manage family emergencies or grieving processes. The 2 days can be taken in various ways:
- A continuous 2-day period.
- Two separate 1-day periods.
- A custom arrangement, subject to agreement with the employer.
There is no cap on the number of times compassionate leave can be taken each year, as long as the employee faces separate qualifying events.
Payment for Compassionate Leave
The payment structure for compassionate leave varies by employment type:
- Full-time and part-time employees: They are paid for compassionate leave at their base pay rate for the hours they would have worked during the leave period. This pay excludes any allowances, bonuses, or loadings.
- Casual employees: These workers are not paid for compassionate leave but are still entitled to take unpaid leave without fear of job loss.
Payment Example:
For instance, a part-time employee who works 6 hours a day at $25 per hour would receive the following for 2 days of compassionate leave:
- Base pay rate: $25 per hour
- Total hours: 6 hours x 2 days = 12 hours
- Payment: 12 hours x $25 = $300
This calculation ensures that employees receive pay for their regular hours, excluding additional pay components.
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How to Apply for Compassionate Leave in Australia (2024)
Step 1: Notify Your Employer
Employees should inform their employer as soon as possible about their need for compassionate leave. While notice is generally expected in advance, it may be delayed due to the urgency of the situation.
Step 2: Provide Evidence (If Requested)
Employers may ask for evidence to substantiate the leave request. This could include:
- A death certificate
- Medical certificates for terminal illness
- Funeral notices
This documentation ensures that the request is legitimate while maintaining the privacy of the employee.
Step 3: Discuss Leave Arrangement
Employees can work with their employer to arrange the 2-day leave in a way that suits both parties. Options include splitting the days or adjusting the hours if necessary.
Step 4: Return to Work or Explore Further Leave
After the compassionate leave ends, employees are expected to return to work. If additional time off is needed, employees can consider using other leave options such as annual or personal leave, or even unpaid leave.
Legal Considerations for Compassionate Leave
Privacy and Confidentiality
The Privacy Act 1988 protects employee privacy. Employers must handle sensitive information, like medical or personal documents, with care, ensuring confidentiality throughout the leave process.
Non-Discrimination
Workplace fairness and anti-discrimination laws ensure that employees cannot be treated unfairly for taking compassionate leave. Employers must provide leave without penalizing employees for their personal needs.
Common Compassionate Leave Scenarios
Example 1: Sarah, a full-time worker, takes 2 days off to attend her grandfather’s funeral. She receives full pay for the time off, as her compassionate leave is paid.
Example 2: Jake, a casual worker, needs to care for his terminally ill brother. He informs his employer and takes unpaid compassionate leave, ensuring his job is protected during this difficult time.
Frequently Asked Questions
- Can I take compassionate leave more than once in a year? Yes, compassionate leave can be used for each qualifying event, meaning employees can take it multiple times if necessary.
- Is compassionate leave paid for all employees? No, only full-time and part-time employees are entitled to paid compassionate leave. Casual employees are entitled to unpaid leave.
- What evidence is required for compassionate leave? Employers may request documentation such as death certificates, medical certificates, or funeral notices.
- Can my employer refuse compassionate leave? Employers cannot refuse compassionate leave if the employee meets eligibility criteria. However, they may ask for evidence to verify the situation.
- How should I take my 2-day compassionate leave? Employees can take the leave in one continuous period, two separate 1-day periods, or another arrangement agreed upon with their employer.