Compassionate Leave and Bereavement Leave
Under the Fair Work National Employment Standards (NES), all Australian employees — including casuals — are entitled to compassionate leave, commonly known as bereavement leave. Full-time and part-time employees receive 2 days of paid leave each time they meet the criteria, while casual employees are entitled to 2 days of unpaid leave per occasion.
Awards, enterprise agreements and other registered agreements can provide additional compassionate leave entitlements on top of the NES minimum, so it’s always worth checking your specific agreement. You can learn more directly from the Fair Work Ombudsman.
When can compassionate leave be taken?
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 has a miscarriage
Who is considered “immediate family”?
Under Australian workplace law, your immediate family includes your:
- Spouse or former spouse
- De facto partner or former de facto partner
- Child
- Parent
- Grandparent
- Grandchild
- Sibling
Immediate family also extends to:
- The immediate family of your spouse or de facto partner (current or former)
- Step-relations (for example, a step-parent or step-child)
- Adoptive relations
For other relatives — such as cousins, aunts or uncles — you can take compassionate leave if that person is a member of your household, or if your employer agrees.
How much leave can you take?
You’re entitled to 2 days of compassionate leave each time you meet the criteria. You can take it as:
- A single continuous 2-day period
- 2 separate periods of 1 day each, or
- Any other separate periods agreed with your employer (for example, half days)
Compassionate leave doesn’t accumulate, and it isn’t part of your sick and carer’s leave entitlement — you can take it whenever you need it. If you’re already on another type of leave (such as annual leave) when the need arises, you can switch to compassionate leave instead.
Is compassionate leave paid?
Full-time and part-time employees are paid at their base rate of pay for the ordinary hours they would have worked during the leave. This doesn’t include separate entitlements such as incentive-based payments, bonuses, loadings, monetary allowances, overtime or penalty rates.
Casual employees receive unpaid compassionate leave. In all cases, compassionate leave can’t be cashed out.
How much notice must you give?
You should notify your employer as soon as you can. Because these situations are often unexpected, this notice may sometimes be given after the leave has already begun — that’s permitted under the NES.
When you notify your employer, you should tell them:
- The reason for the leave
- How much leave you’re taking, or expect to take, and when
Individual organisations may have their own internal notification procedures, so it’s worth reviewing your company policy.
Do you need proof for compassionate leave?
An employer can request evidence to support a compassionate leave request, provided the request is reasonable. Acceptable evidence may include:
- A death or funeral notice
- A statutory declaration
- A medical certificate confirming a family member’s illness or injury
The type of evidence required can vary depending on the workplace and the circumstances. If you’re asked for reasonable evidence and don’t provide it, you may not be granted the leave.
Medical Disclaimer: This information is provided for general informational purposes only and is general in nature. MediLeave does not issue certificates specifically for compassionate or bereavement leave. If you’re unsure how these entitlements apply to your situation, contact the Fair Work Infoline on 13 13 94.
