When facing personal or family emergencies, having access to leave can significantly ease the burden. In Australia, compassionate leave—also referred to as bereavement leave—is a critical entitlement under the Fair Work Act 2009. This policy ensures employees can take time off from work to cope with a family crisis, such as the death or serious illness of a loved one, without worrying about job security.
In this article, we’ll explore everything you need to know about compassionate leave in Australia: the eligibility, the number of days employees are entitled to, how the policy applies to different types of employment, and more. Whether you’re an employee or an employer, this guide will provide clarity on your rights and responsibilities when it comes to compassionate leave.
What is Compassionate Leave in Australia?
Compassionate leave allows employees to take time off to manage the emotional and logistical challenges that arise after the death, life-threatening illness, or injury of an immediate family or household member. This entitlement is outlined in the National Employment Standards (NES), ensuring all workers—whether full-time, part-time, or casual—are provided with this essential support during difficult times.
Compassionate leave is available in the following situations:
- The death of an immediate family or household member.
- A serious illness or injury affecting an immediate family or household member.
- A miscarriage or stillbirth involving the employee or their spouse.
- Attending a funeral or managing related arrangements.
How Much Leave Can You Take?
Under Australian law, employees are entitled to two days of compassionate leave for each qualifying incident. It’s important to note that this is not an annual entitlement but applies per incident. If multiple family members experience serious health issues or pass away during the year, employees can take compassionate leave multiple times.
- Full-time and part-time employees: Entitled to two days of paid compassionate leave per incident.
- Casual employees: Entitled to two days of unpaid compassionate leave per incident.
This provision ensures that employees can take the time they need without worrying about their financial stability, especially when faced with a personal crisis.
How is Compassionate Leave Taken?
Employees have flexibility in how they use their compassionate leave:
- Continuous two-day period: Employees can take both days consecutively in one block.
- Separate days: The leave can be split into two separate one-day periods.
- Alternative split periods: With employer agreement, leave can be taken in other arrangements, such as splitting the two days in different ways.
This flexibility allows employees to attend funerals, handle estate matters, or take care of themselves during a difficult time.
Who is Considered Immediate Family?
Compassionate leave applies when an employee’s immediate family or household member experiences a death or serious health issue. According to the Fair Work Act, the immediate family includes:
- Spouse, de facto partner, former spouse, or former de facto partner.
- Children, parents, grandparents, grandchildren, and siblings.
- Step-relations (such as step-parents or step-children) and adoptive relatives.
- Household members, even if they are not blood relatives (subject to employer agreement).
Requesting and Proving Compassionate Leave
Employees must inform their employer as soon as possible when they need compassionate leave, although advance notice may not always be feasible in such situations. It is advisable to notify the employer promptly, even if the leave has already started.
Employers can request proof to substantiate the compassionate leave, such as:
- A death certificate.
- A funeral notice.
- A statutory declaration.
- Any other reasonable documentation that supports the need for leave.
Employers should handle these requests with sensitivity, considering the emotional impact on the employee.
Key Points to Remember About Compassionate Leave
- Can it be taken more than once a year? Yes, compassionate leave is granted per incident. Employees can take leave multiple times if they face different crises throughout the year.
- Can more than two days be taken? The standard entitlement is two days per incident. However, if more time off is required, employees can use annual leave, personal/carer’s leave, or request unpaid leave.
- Do casual employees get paid? No, casual employees are not paid for compassionate leave. They are, however, entitled to two days of unpaid leave per incident.
- Does compassionate leave accumulate? Compassionate leave does not accumulate and does not roll over from year to year. It is tied to specific incidents rather than an annual entitlement.
- Is it separate from personal/carer’s leave? Yes, compassionate leave is distinct from personal or carer’s leave, so it does not affect your personal leave balance.
Conclusion
Compassionate leave is a vital part of the Australian workplace framework, providing essential support during personal crises. By understanding the entitlements, application process, and flexibility in how leave can be used, both employees and employers can navigate these challenging times with clarity and care. Employers who incorporate compassionate leave into their policies demonstrate empathy and support for their workforce, enhancing workplace morale and job security.
