Compassionate Leave Australia — Your Bereavement Leave Rights
Australian employees are entitled to 2 days of compassionate leave per occasion. Learn who qualifies, what evidence is needed, and casual worker entitlements.
What is compassionate leave?
Compassionate leave (also known as bereavement leave) is a National Employment Standard (NES) entitlement under the Fair Work Act 2009. It provides employees with time off when a member of their immediate family or household dies, or contracts or develops a life-threatening illness or injury. The entitlement is 2 days per occasion. There is no annual cap — if multiple qualifying events occur in the same year, the employee is entitled to 2 days for each occasion. Compassionate leave can be taken as a single continuous 2-day period, two separate periods of 1 day each, or any separate periods agreed between the employee and employer. For full-time and part-time employees, compassionate leave is paid at the employee's base rate of pay for the ordinary hours they would have worked during the leave period. Compassionate leave does not accumulate from year to year — it is triggered by a qualifying event. It is separate from personal/carer's leave and does not reduce the employee's personal leave balance. Some modern awards and enterprise agreements provide more generous compassionate leave entitlements, so employees should check their applicable instrument.
Who qualifies as 'immediate family'?
The Fair Work Act defines 'immediate family' broadly for the purpose of compassionate leave. It includes: the employee's spouse or de facto partner (including same-sex partners), children (including adopted children, step-children, and ex-nuptial children), parents (including step-parents), grandparents, grandchildren, and siblings. It also includes any of these relatives of the employee's spouse or de facto partner — so your partner's parents, siblings, grandparents, and grandchildren are included. In addition, a member of the employee's household (someone who lives with the employee) qualifies even if they are not a blood relative or in-law. This could include a housemate, close family friend living in the home, or anyone else sharing the household. Some modern awards and enterprise agreements use a broader definition that may also include aunts, uncles, nieces, nephews, or cousins. If you are unsure whether a particular person qualifies under your award or agreement, check the specific wording or contact the Fair Work Ombudsman for guidance. Cultural considerations may also be relevant — some workplaces are flexible about extending compassionate leave for close family members not covered by the strict definition.
Paid vs unpaid compassionate leave
For permanent employees (full-time and part-time), compassionate leave is paid. The employee receives their base rate of pay for ordinary hours they would have worked during the leave period. This means a full-time employee taking 2 days of compassionate leave receives payment for 2 standard working days. A part-time employee working 3 days per week would receive payment for whichever of those 3 days fall within the compassionate leave period. Loadings, overtime, penalty rates, bonuses, and allowances are generally not included in compassionate leave pay — only the base rate applies. For casual employees, the situation is different. Casual employees are entitled to 2 days of unpaid compassionate leave per occasion. While they do not receive pay during this period, they do have the right to be absent from work without their employment being adversely affected. An employer cannot terminate a casual employee, reduce their shifts, or take any adverse action because they took compassionate leave. Some enterprise agreements or workplace policies provide paid compassionate leave for casuals, but this is not a legal requirement under the NES.
Evidence requirements
An employer can request evidence to support a compassionate leave claim, but the evidence requirements are less prescriptive than for personal/carer's leave. The Fair Work Act states that an employee must provide evidence that would satisfy a reasonable person of the qualifying circumstances. For bereavement (death of a family member), this could include a death certificate, funeral notice, obituary, or a statutory declaration. For a life-threatening illness or injury to a family member, a medical certificate or letter from a treating doctor confirming the serious nature of the condition would suffice. Employers should be sensitive about evidence requests during times of grief and illness. In practice, many employers accept a verbal explanation initially and request documentation later. It is considered unreasonable for an employer to demand evidence before granting the leave if it would cause additional distress. If the employee needs to travel interstate or overseas for a funeral, they may need to combine compassionate leave with annual leave or unpaid leave — compassionate leave covers only 2 days per occasion. Some employers have more generous bereavement leave policies that provide additional days beyond the NES minimum.
Compassionate leave vs personal/carer's leave
Compassionate leave and personal/carer's leave are separate entitlements and should not be confused. Personal/carer's leave (also called sick leave) provides 10 days per year for full-time employees to take when they are unwell or to care for an immediate family or household member who is unwell. It accumulates year to year. Compassionate leave provides 2 days per occasion when a family or household member dies or has a life-threatening illness. It does not accumulate. The two types of leave can sometimes overlap — for example, if a family member has a life-threatening illness, you might initially take compassionate leave (2 days) and then take carer's leave (from your personal leave balance) for ongoing caring responsibilities. Using compassionate leave does not reduce your personal/carer's leave balance. They are drawn from different entitlement pools. If you exhaust both your compassionate leave and personal leave, you may be able to take annual leave, long service leave, or unpaid leave by agreement with your employer. Your employer cannot require you to take annual leave instead of compassionate leave if you are entitled to compassionate leave.
What to do if your employer refuses compassionate leave
If your employer refuses to grant you compassionate leave when you are entitled to it, there are several steps you can take. First, put your request in writing — email your employer stating the reason for your leave (you do not need to provide all personal details, but should identify the qualifying event), the dates you intend to be absent, and reference your entitlement under the Fair Work Act or your applicable modern award. Second, provide any evidence requested — a death notice, medical certificate, or statutory declaration. Third, if your employer still refuses, contact the Fair Work Ombudsman (FWO) for advice on 13 13 94 or through their website. The FWO can explain your entitlements and, if necessary, intervene with your employer. If your employer takes adverse action against you for requesting or taking compassionate leave — such as giving you a warning, reducing your hours, or terminating your employment — this may constitute a breach of the general protections provisions of the Fair Work Act. You would have the right to make a general protections claim with the Fair Work Commission. Remember that compassionate leave is a legal entitlement, not a discretionary benefit. Your employer cannot deny it if you meet the qualifying criteria.
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General information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.
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