Understanding bereavement leave
Bereavement leave (legally called compassionate leave under the NES) provides employees with time off to grieve, attend funerals, or care for seriously ill family members.
When it applies
- Death of family member
- Life-threatening illness
- Serious injury
- Miscarriage or stillbirth
Entitlement
- 2 days paid (permanent)
- 2 days unpaid (casual)
- Per occasion, not annual
- No accumulation
Who qualifies as immediate family
Under the NES, bereavement leave applies to immediate family and household members:
Immediate family includes
How bereavement leave works
- Per occasion: 2 days for each qualifying event
- Flexible taking: Can be taken as 1 continuous period or 2 separate days
- No limit: Multiple occasions per year are permitted
- Paid at base rate: For permanent employees
Additional leave
If 2 days isn't enough, employees may use annual leave, personal leave (if caring for someone), or request unpaid leave. Many employers show compassion and offer additional paid leave.
Evidence requirements
Acceptable evidence
- Death notice or obituary
- Funeral notice
- Medical certificate (for illness)
- Statutory declaration
Employer considerations
- Be sensitive when requesting
- Allow time to provide evidence
- Accept reasonable evidence
- Don't require intrusive detail
Common bereavement leave mistakes
Limiting to death only
Bereavement/compassionate leave also applies for life-threatening illness or injury, not just death.
Excluding household members
The NES includes household members, not just blood relatives. This covers housemates, partners, and others living with the employee.
Insensitive evidence requests
While evidence can be requested, demanding it immediately or requesting excessive detail during a difficult time is inappropriate.
Key takeaways
Bereavement leave provides essential time for employees to deal with loss and serious illness of loved ones. Employers should handle requests with sensitivity while maintaining appropriate records.
RosterElf's leave management helps you track all leave types including compassionate leave, and quickly adjust rosters when staff need time off.
