How much compassionate leave can I take in Australia?

Under the National Employment Standards, you can take 2 days of compassionate leave per occasion (also called bereavement leave). It is paid at your base rate if you are a permanent (full-time or part-time) employee, and unpaid if you are a casual. A fresh 2-day entitlement applies each time a permissible occasion arises, and the days can be taken together or separately. This comes from sections 104–106 of the Fair Work Act 2009.

Who counts as immediate family for compassionate leave?

Section 12 of the Fair Work Act defines immediate family as the employee's spouse or de facto partner (including a former one), child, parent, grandparent, grandchild or sibling — and the child, parent, grandparent, grandchild or sibling of the employee's spouse or de facto partner. Step-relations are included. Compassionate leave is available when a member of your immediate family or your household has a life-threatening illness or injury, or dies.

Can I take compassionate leave for my aunt, uncle or cousin?

Not automatically. An aunt, uncle or cousin is not part of your immediate family as defined in section 12 of the Fair Work Act. You are only entitled to compassionate leave for them if they are a member of your household — that is, they live with you. The same applies to other extended relatives. If they do not live with you, the NES does not provide compassionate leave, though your award, enterprise agreement or employer policy might be more generous.

Can I take compassionate leave for my de facto partner's grandfather?

Yes. The section 12 definition of immediate family includes the grandparent of your spouse or de facto partner. So your de facto partner's grandfather is within your immediate family, and you are entitled to 2 days of compassionate leave (paid if you are permanent, unpaid if you are casual) if he has a life-threatening illness or injury, or dies.

Do casual employees get compassionate leave?

Yes, but it is unpaid. Casual employees are entitled to 2 days of unpaid compassionate leave per occasion under the NES. Permanent (full-time and part-time) employees get the 2 days paid at their base rate of pay for the ordinary hours they would have worked.

Does compassionate leave cover miscarriage or stillbirth?

Yes. Compassionate leave covers a miscarriage of you or your current spouse or de facto partner, and the stillbirth of a child who would have been a member of your immediate family or household. You are entitled to 2 days per occasion — paid for permanent employees and unpaid for casuals.

What can I do if my employer won't let me take compassionate leave?

Compassionate leave is a National Employment Standard — a minimum legal entitlement your employer cannot lawfully refuse if you qualify. Your employer can ask for reasonable evidence (such as a death notice or a statement). If you are eligible and your employer refuses, raise it in writing, then contact the Fair Work Ombudsman on 13 13 94 or lodge an enquiry. Refusing an NES entitlement, or taking adverse action against you for using it, can breach the Fair Work Act.

Compassionate Leave Eligibility Checker

Does your situation qualify for compassionate (bereavement) leave under the National Employment Standards? Tell us your relationship to the person and the reason, and this tool checks it against the Fair Work Act's definition of immediate family (s12) and the leave entitlement (ss104–106).

Last verified: 2 August 2026Jump to calculator ↓

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