Understanding compassionate leave
Compassionate leave is a National Employment Standard that recognises employees may need time off to deal with serious family situations. It's sometimes called bereavement leave, though that term typically refers specifically to leave following a death.
When it applies
- Death of family member
- Life-threatening illness
- Life-threatening injury
- Miscarriage or stillbirth
Key features
- 2 days per occasion
- Paid for permanents
- No annual limit
- Doesn't accumulate
Compassionate leave entitlements
The NES provides clear entitlements for compassionate leave:
Employee entitlements
When compassionate leave applies
Compassionate leave can be taken when an immediate family or household member:
- Dies: To attend funeral and make arrangements
- Has life-threatening illness: To spend time with or care for them
- Has life-threatening injury: Following accidents or emergencies
- Pregnancy loss: Including miscarriage or stillbirth
Immediate family definition
"Immediate family" under the Fair Work Act includes spouse, de facto partner, child, parent, grandparent, grandchild, sibling - plus these same relations of your spouse/partner. Household members also qualify.
Evidence requirements
Acceptable evidence
- Death notice or obituary
- Funeral notice or program
- Medical certificate (for illness)
- Statutory declaration
Employer guidelines
- Be sensitive when requesting
- Give time to provide evidence
- Accept reasonable evidence
- Don't require excessive detail
Common compassionate leave mistakes
Only allowing leave for death
Compassionate leave also applies for life-threatening illness or injury. Employees don't need to wait for a death to access this entitlement.
Capping occasions per year
There's no annual limit on compassionate leave occasions. If an employee has multiple qualifying events in one year, they're entitled to 2 days for each.
Excluding household members
The NES includes household members, not just blood relatives. This covers anyone living with the employee, including housemates.
Key takeaways
Compassionate leave is a fundamental NES entitlement that allows employees to deal with serious family situations without losing income. Employers should handle requests with empathy 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 during difficult times.
