What compassionate leave is
Compassionate leave, also called bereavement leave, is a National Employment Standard giving every employee 2 days of leave each time an immediate family or household member dies or faces a life-threatening illness or injury. It is paid for full-time and part-time employees, and unpaid for casuals. Awards and enterprise agreements can add to it but cannot reduce it.
When you can take it
You can take compassionate leave when:
- a member of your immediate family or household dies, or contracts or develops a life-threatening illness or injury
- a baby in your immediate family or household is stillborn
- you have a miscarriage, or your current spouse or de facto partner does.
Note that the leave covers more than a death: a life-threatening diagnosis for a close family member also qualifies.
Who counts as immediate family
Your immediate family includes your:
- spouse or former spouse
- de facto partner or former de facto partner
- child, parent, grandparent, grandchild or sibling.
It also includes the immediate family of your spouse or de facto partner, plus step-relations and adoptive relations. You can take leave for other relatives (such as cousins, aunts or uncles) if they are a member of your household or your employer agrees.
How many days
You get 2 days each time you meet the criteria, with no annual cap and no accumulation: it is not part of your sick and carer's leave pool. You can take it as a single 2-day block, as 2 separate single days, or in any pattern agreed with your employer. If you are already on another type of leave (for example annual leave) when a death occurs, you can switch to compassionate leave instead.
How it is paid
Full-time and part-time employees are paid at their base rate of pay for the ordinary hours they would have worked. That excludes incentive payments, bonuses, loadings, allowances, overtime and penalty rates. Casual employees take compassionate leave unpaid. Compassionate leave cannot be cashed out.
Notice and evidence
Tell your employer as soon as you can (this can be after the leave has started), and say how much leave you are taking. Your employer can ask for reasonable evidence of the reason, such as a death or funeral notice or a statutory declaration.
Fair Work Act 2009 (Cth) ss.12, 16, 104-106. See the Fair Work Ombudsman, Compassionate and bereavement leave.
Key takeaways
- 2 days of compassionate (bereavement) leave each time the criteria are met.
- Paid for full-time and part-time employees, unpaid for casuals.
- Covers death and life-threatening illness or injury of immediate family or household, plus stillbirth and miscarriage.
- Does not accumulate and is separate from sick and carer's leave.
- Source: Fair Work Act 2009 (Cth) ss.104-106.
Author & reviewer
Sarah has spent over a decade advising Australian SMBs on Fair Work, NES compliance, and payroll. Based in Sydney, she has worked across hospitality, retail and professional services.