Compassionate leave, also known as bereavement leave, is a crucial workplace entitlement in Australia, allowing employees to take time off during significant personal distress, such as the death or life-threatening illness of a close family or household member.
Understanding the specifics of compassionate leave, including eligibility, entitlements, and application procedures, is essential for both employees and employers.
This comprehensive guide provides an overview of compassionate leave in 2025, ensuring all parties are well-informed about their rights and responsibilities.
Overview of Compassionate Leave
Compassionate leave enables employees to take time off to grieve, attend funerals, or support a seriously ill family or household member.
This leave is separate from other entitlements like personal/carer’s leave and annual leave and is available to all employees, including full-time, part-time, and casual workers.
Eligibility Criteria
All employees in Australia are entitled to compassionate leave under the National Employment Standards (NES). The specific entitlements are as follows:
- Full-Time and Part-Time Employees: Eligible for two days of paid compassionate leave per occasion.
- Casual Employees: Eligible for two days of unpaid compassionate leave per occasion.
A permissible occasion arises when a member of the employee’s immediate family or household:
- Passes away.
- Contracts or develops a life-threatening illness or injury.
- Experiences a miscarriage or stillbirth.
Employers may require evidence, such as a medical certificate or death notice, to confirm the need for compassionate leave.
Payment Details
For full-time and part-time employees, compassionate leave is paid at the base rate of pay for the hours they would have worked during the leave period.
This excludes any additional allowances, loadings, or penalties. Casual employees, however, are entitled to unpaid compassionate leave.
Application Process
To apply for compassionate leave:
- Notify Your Employer: Inform your employer as soon as possible about the need for leave, including the expected duration. This notification can occur after the leave has started if prior notice isn’t feasible.
- Provide Evidence: Be prepared to supply documentation, such as a medical certificate or death notice, if requested by your employer.
It’s advisable to familiarize yourself with your workplace’s specific policies regarding compassionate leave, as procedures may vary.
Key Points to Remember
- Non-Accumulating Leave: Compassionate leave does not accumulate from year to year and is available in full at the start of each permissible occasion.
- Flexible Usage: The two days of leave can be taken as a single continuous period, two separate days, or any other arrangement agreed upon with the employer.
- Immediate Family Definition: Immediate family includes a spouse, de facto partner, child, parent, grandparent, grandchild, sibling, or a child, parent, grandparent, grandchild, or sibling of the employee’s spouse or de facto partner.
| Employment Type | Leave Entitlement | Payment Status |
|---|---|---|
| Full-Time Employees | 2 days per occasion | Paid |
| Part-Time Employees | 2 days per occasion | Paid |
| Casual Employees | 2 days per occasion | Unpaid |
Common Mistakes to Avoid
- Delayed Notification: Failing to inform the employer promptly about the need for leave can lead to misunderstandings.
- Insufficient Evidence: Not providing the required documentation when requested may result in denial of leave.
- Misunderstanding Entitlements: Confusing compassionate leave with other types of leave, such as personal/carer’s leave, can lead to incorrect leave applications.
Understanding your entitlements to compassionate leave ensures you can navigate difficult times with the necessary support and without undue stress.
Employers and employees alike should maintain open communication to manage compassionate leave requests effectively, ensuring that workplace policies are adhered to and that employees feel supported during challenging periods. For detailed guidelines and updates, visit the Fair Work Ombudsman website.
FAQs
Can compassionate leave be extended beyond two days?
While the NES provides for two days of compassionate leave per occasion, employees can discuss additional leave arrangements, such as annual leave or unpaid leave, with their employer if more time is needed.
Are casual employees entitled to paid compassionate leave?
No, casual employees are entitled to two days of unpaid compassionate leave per permissible occasion.
What if multiple events occur close together; is leave granted for each?
Yes, compassionate leave is granted per permissible occasion, so if separate qualifying events occur, employees are entitled to leave for each event.