What is compassionate leave?
Compassionate leave (bereavement leave) provides 2 days of paid leave per occasion when an immediate family or household member dies or has a life-threatening illness.
Compassionate leave (also called bereavement leave) is an NES entitlement that gives employees 2 days of paid leave per occasion when an immediate family member or household member dies, or contracts or develops a life-threatening illness or injury. Casual employees get 2 days of unpaid compassionate leave.
There is no annual cap on compassionate leave — it is per occasion. Immediate family includes spouse, de facto partner, child, parent, grandparent, grandchild, and sibling, plus these same relations of the employee's spouse or de facto partner. The employer may request evidence such as a death notice or medical certificate.
Key facts
- •2 days of paid leave per occasion (unpaid for casuals)
- •Applies when an immediate family or household member dies or has a life-threatening illness or injury
- •No annual cap — applies each time a qualifying event occurs
- •Immediate family includes spouse, children, parents, grandparents, grandchildren, and siblings (and in-law equivalents)
- •Employer may request evidence such as a death certificate or funeral notice
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Leave Entitlements CalculatorFrequently asked questions
Can I take compassionate leave for a miscarriage?
Yes. Following amendments effective from 2024, compassionate leave is available for miscarriage and stillbirth. This applies to the pregnant employee and their partner.
Can my employer refuse compassionate leave?
No, provided the circumstances meet the criteria. However, the employer can request reasonable evidence (like a death notice or medical certificate) to confirm the need for the leave.
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.