Australia has no separate Sorry Business leave in the National Employment Standards. You get 2 days of compassionate leave for a death in your immediate family or household, plus any ceremonial leave your award or agreement provides.
This guide is for First Nations employees, and the people who work with them, who need to know how much time the law allows and how to put enough of it together. It sets out where compassionate leave applies and where it stops, which awards add ceremonial leave, and how annual leave and unpaid leave fill the rest, with dollar figures.
Key takeaways
- No NES leave is called Sorry Business leave. The Fair Work Ombudsman points to compassionate leave first.
- 2 days of compassionate leave per death of an immediate family or household member, paid at base rate (unpaid for casuals).
- Kinship is not enough on its own. The Act recognises kinship rules for family and domestic violence leave, not for compassionate leave.
- Ceremonial leave exists only where an award or agreement creates it, for example up to 10 unpaid working days a year under the Nurses Award.
- Annual leave and unpaid leave make up the rest. Your employer cannot unreasonably refuse a request for annual leave.
What the Fair Work Ombudsman says about Sorry Business
The Fair Work Ombudsman (FWO) has a fact sheet for First Nations employees titled "Do you need time off for Sorry Business". Its starting point is compassionate leave, which every employee can take when someone in their immediate family or household dies. It is direct about the limit: if the person who died is not immediate family or a household member, compassionate leave is not available. It then points to unpaid ceremonial leave where an award or enterprise agreement provides it.
The FWO's First Nations page adds the other kinds of leave people use, annual leave, sick/carer's leave, unpaid leave or time off in lieu, and says that for many First Nations people, responsibilities to family, community and culture are extremely important. The fact sheet's worked example is Troy, whose grandfather dies: he takes 2 days of compassionate leave and covers the rest of a 5-day absence with annual leave or unpaid leave.
Fair Work Ombudsman, Do you need time off for Sorry Business (fact sheet, last updated October 2024, read 11 October 2026): "If you need time off work for Sorry Business, you might be able to take compassionate leave." "If your Sorry Business involves someone who is not an immediate family or household member then you can't get compassionate leave." "You might also be able to take unpaid ceremonial leave for Sorry Business. Check the award or enterprise agreement if one applies." FWO, First Nations people (read 11 October 2026): "If you need time off work for Sorry Business, you might be able to take it off as compassionate leave." Other options: "annual leave, sick/carer's leave, unpaid leave or time off in lieu." "For many First Nations people, responsibilities to family, community and culture are extremely important."
Compassionate leave for Sorry Business
Compassionate leave gives 2 days for each death of a member of your immediate family or household. Full-time and part-time employees are paid their base rate for the ordinary hours they would have worked on those days. Casual employees take the 2 days unpaid. The leave does not build up from year to year, it is separate from your sick and carer's leave, and it cannot be cashed out.
Three rules make it fit Sorry Business better than people expect:
- Timing. The leave is taken after the death, and the Act sets no deadline. The 2 days can be one block, two single days, or other periods your employer agrees to, so one day at the time of the death and one for a funeral or ceremony weeks later fits within the Act (our reading of s 105).
- It overrides annual leave already booked. If you are on annual leave when the death happens, you can switch those days to compassionate leave.
- Evidence must be reasonable. If your employer asks, a death or funeral notice or a statutory declaration is the kind of evidence the FWO gives as an example.
Some awards give more. University staff under the Higher Education Industry awards get 3 days of compassionate leave per occasion. Employees in the WA state system (for example, of sole traders and partnerships) get up to 2 days of paid bereavement leave, casuals included. The full NES rules for everyone, including overseas deaths and funerals, are in compassionate and bereavement leave.
Fair Work Act 2009 (Cth), Compilation No. 73 (7 July 2026): s 104(1) "An employee is entitled to 2 days of compassionate leave for each occasion (a permissible occasion) when: (a) a member of the employee's immediate family or a member of the employee's household: ... (iii) dies"; s 105(1)(b) leave taken "after the death"; s 105(2) "(a) a single continuous 2 day period; or (b) 2 separate periods of 1 day each; or (c) any separate periods to which the employee and his or her employer agree." s 106: "For casual employees, compassionate leave is unpaid leave." FWO, Compassionate and bereavement leave (updated 7 August 2026, retrieved 6 October 2026): "If an employee is already on another type of leave (for example, annual leave) and needs to take compassionate leave, they can use compassionate leave instead of the other leave." Evidence "(for example, a death or funeral notice or statutory declaration). This request for evidence has to be reasonable." Higher Education Industry-Academic Staff-Award 2020 cl 21.2 and General Staff Award 2020 cl 25 (checked 14 September 2026): "3 days of compassionate leave for each permissible occasion." WA Government, Bereavement leave (updated 3 September 2026, checked 14 September 2026): "Full time, part time and casual employees are entitled to up to two days of paid bereavement leave on the death of a member of the family or household."
Who counts as family: the kinship gap
Compassionate leave depends on the Act's definition of immediate family in s 12, which is a closed list, plus anyone who was a member of your household. The Act does recognise Aboriginal and Torres Strait Islander kinship rules, but only in one place: the definition of a close relative for paid family and domestic violence leave. Compassionate leave does not use that definition. So the death of an aunt, uncle, cousin or other kin who is not on the s 12 list and did not live with you is not an NES occasion for compassionate leave.
| Who died | NES compassionate leave | Why |
|---|---|---|
| Spouse or de facto partner, child, parent, grandparent, grandchild or sibling | Yes, 2 days | Immediate family (s 12) |
| A child, parent, grandparent, grandchild or sibling of your spouse or de facto partner | Yes, 2 days | Immediate family (s 12) |
| Any person who lived in your household | Yes, 2 days | Household member (s 104) |
| Aunt, uncle, cousin, niece, nephew or other kin who did not live with you | No NES compassionate leave | Not in the s 12 list |
| A person related to you under Aboriginal or Torres Strait Islander kinship rules | Only if also immediate family or household | Kinship counts for paid family and domestic violence leave (s 106B(3)), not compassionate leave |
The Act does not define "household" in the material checked for this guide. Our reading is that a relative who lived with you, such as an aunt who shared your home, is likely to count as a household member even though an aunt is not immediate family. Where kin fall outside both groups, the time has to come from ceremonial leave, annual leave or unpaid leave.
Ceremonial leave in awards
Ceremonial leave is not one of the NES matters. The 12 matters in s 61(2) include compassionate leave but nothing called ceremonial or cultural leave, so it exists only where an award, enterprise agreement or contract creates it. Two award clauses checked for this guide show how it usually works: a set number of unpaid days, often needing approval, and not tied to the immediate family list.
| Award | How much | Paid? | Conditions | Service |
|---|---|---|---|---|
| Nurses Award 2020, cl 23 | Up to 10 working days in any one year | Unpaid | With the employer's approval; absence legitimately required by Aboriginal or Torres Strait Islander tradition for ceremonial purposes | Not stated in the clause |
| Australian Public Service Enterprise Award 2015, cl 20 | Maximum of 10 days in any two-year period | Unpaid | May be granted to an employee of Aboriginal or Torres Strait Islander descent for ceremonial purposes | Does not count as service for any purpose |
Other awards and many public sector agreements have their own ceremonial or cultural leave terms, and some may be paid. Check the clause in your own instrument; the Nurses Award page and the list of awards are a starting point. Leave for religious or cultural observance that is not connected with a death is a different subject from Sorry Business.
Putting enough time together
When 2 days is not enough, the usual order is compassionate leave first, then any ceremonial leave, then paid annual leave, then unpaid leave. Each piece has its own rule:
- Annual leave. Your employer must not unreasonably refuse a request to take it. It is paid, and it keeps your service running. The annual leave calculator shows what your balance is worth.
- Unpaid leave by agreement. It is unpaid and does not count as service under the NES, so leave does not accrue for those days. How unpaid leave affects notice, redundancy and accrual is in leave without pay.
- Sick leave applies only if you are unfit for work because of a personal illness or injury. It is not a substitute for compassionate leave.
Worked examples
The nurse examples use the Nurses Award minimum for a registered nurse level 1, pay point 1, of $32.09 an hour (consolidated to 1 August 2026), on 7.6-hour days. The part-time example uses the national minimum wage of $26.44 an hour.
Leanne, registered nurse: her mother dies
- Compassionate leave: 2 days = 15.2 hours × $32.09 = $487.77, paid at base rate.
- Ceremonial leave under cl 23, with approval: up to 10 working days (76 hours) unpaid, which is $2,438.84 of ordinary pay not received.
- One week of annual leave: 38 hours × $32.09 = $1,219.42, plus any annual leave loading her award provides.
- Total time away: 2 + 10 + 5 = 17 working days, of which 7 are paid.
Leanne again: her aunt dies
Her aunt did not live with her and is not on the s 12 list, so Leanne has 0 days of NES compassionate leave. Ceremonial leave under cl 23 is still open to her if tradition requires her absence, because the clause is not limited to family: up to 10 unpaid working days with approval. Any paid time has to come from annual leave.
Mel, part-time: grandfather dies, funeral 4 weeks later
Mel works 3 days a week of 7.6 hours at $26.44 an hour. A grandparent is immediate family. She takes 1 day in the week of the death and 1 day for the funeral a month later, as two separate single days. Both days fall on her usual workdays, so she is paid 2 × 7.6 × $26.44 = $401.89. A day she would not have worked anyway carries no pay.
Shaun, casual: his sister dies
Shaun gets 2 days of compassionate leave, unpaid. If his award has a ceremonial clause worded like the Nurses Award's ("an employee who is legitimately required..."), its words are not limited to permanent staff. That is our reading of the wording, so check the clause in his own award.
Public servant under the APS award terms
Under cl 20 of the APS Enterprise Award, up to 10 days of ceremonial leave without pay may be granted in any two years, in addition to compassionate leave. Because the days do not count as service for any purpose, our reading is that service-based milestones such as long service leave move out by the days taken. Many Commonwealth public servants are covered by an agency enterprise agreement, which can set different terms, so check that first.
What employers are told
The FWO's First Nations page speaks to employers as well as employees. It lists the leave that can cover time away for Sorry Business beyond compassionate leave: annual leave, sick/carer's leave, unpaid leave or time off in lieu. It also lists specific cultural issues that employers need to understand, including kinship ties, cultural obligations, and dates such as NAIDOC Week, National Sorry Day and National Reconciliation Week. For an employer, the practical steps are to know which leave the award or agreement provides, to ask only for reasonable evidence, and to treat a request for annual leave on its merits.
Sorry Business leave: questions
Is there Sorry Business leave in Australia?
Not as a separate NES entitlement. Compassionate leave covers a death in your immediate family or household, and some awards and agreements add ceremonial leave.
How many days do I get for Sorry Business?
2 days of compassionate leave per death of an immediate family or household member. University staff under the Higher Education awards get 3. The Nurses Award adds up to 10 unpaid ceremonial days a year with approval.
Can I take compassionate leave for an aunt, uncle or cousin?
Not under the NES, unless they lived in your household. The Act recognises kinship rules only for family and domestic violence leave.
Is Sorry Business leave paid?
Compassionate leave is paid at your base rate, except for casuals, who take it unpaid. The ceremonial leave in the Nurses and APS award clauses is unpaid.
Can I take the days later, when the funeral happens?
Yes. Compassionate leave is taken after the death, the Act sets no deadline, and the 2 days can be split into two single days.
What proof can my employer ask for?
Evidence that would satisfy a reasonable person, for example a death or funeral notice or a statutory declaration. The FWO says the request has to be reasonable.
Can my employer refuse annual leave for Sorry Business?
Only on reasonable grounds. The Act says an employer must not unreasonably refuse a request to take paid annual leave.
Does ceremonial leave count as service?
Under the APS Enterprise Award it does not count as service for any purpose. More generally, unpaid leave does not count as service under the NES.
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.