Managing Compassionate Leave in Australia

As an employer or HR manager in Australia, you must know the ropes of compassionate leave. This type of leave, also known as bereavement leave, is an entitlement for employees during tough times. 

In this article, we’ll cover compassionate leave, the entitlements under Australian law, employer responsibilities, and how to manage it all in the workplace.

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This leave gives employees time to grieve, make funeral arrangements, or be with a loved one who is ill and needs a higher level of care.

Related types of leave, such as carer's leave, can be taken for reasons including personal illness.

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Here’s a breakdown of the entitlements:

Compassionate leave can be taken in single-day periods or consecutively and is paid at the employee’s base pay rate based on their ordinary hours. As long as an employee meets the permissible occasion requirements, there is no limit to the number of occasions an employee can take compassionate leave in a year. Compassionate leave doesn’t accumulate from year to year.

Compassionate and paid sick leave are calculated based on an employee's ordinary hours. Paid sick leave entitles employees to a minimum of ten days each year, accumulating progressively during a year of service.

It’s important to note that the definition of “immediate family” under the Fair Work Act 2009 includes:

• A spouse or former spouse
• A de facto partner or former de facto partner
• A child
• A parent
• A grandparent
• A grandchild
• A sibling
• A child, parent, grandparent, grandchild or sibling of the employee’s spouse or de facto partner

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1. Have a policy: Develop a compassionate leave policy that outlines the entitlements, the process for requesting leave and any additional support your organisation offers.
2. Allow employees to take leave: When a valid occasion arises, you must allow eligible employees to take compassionate leave.
3. Request evidence if needed: You can request a death or medical certificate to support the leave request. The evidence must satisfy a reasonable person to substantiate the reasons for the leave.
4. Support employees: Ensure employees feel supported during their leave and that their jobs are secure when they return to work.

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• Communicate your policy: Make sure all employees know your compassionate leave policy and their entitlements. For similar circumstances, employees may also be entitled to 'sick and carer's leave' and 'unpaid carer's leave'.
• Handle requests with care: When an employee requests compassionate leave, respond with empathy and understanding. Don’t ask for unnecessary details about the situation, and prioritise your employee's wellbeing.
• Keep records: Keep accurate records of compassionate leave taken by employees for compliance purposes.
• Offer extra support: Consider providing an Employee Assistance Program (EAP) or flexible work arrangements to help employees during tough times.

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Can an employer refuse compassionate leave? 

An employer can’t refuse compassionate leave if the employee is eligible and has given sufficient notice and evidence (if requested). However, an employer can request reasonable evidence to support the leave request, such as a death or medical certificate.

What if an employee needs more than two days of compassionate leave? 

The NES allows employees two days of compassionate leave per occasion. If an employee needs more time off, they may be able to use other types of leave, such as annual or unpaid, depending on their circumstances and your organisation’s policies. You can provide additional paid or unpaid compassionate leave at your discretion as an employer.

Can casual employees get paid compassionate leave? 

Under the NES, casual employees are entitled to two days of unpaid compassionate leave per occasion. However, some employers may choose to offer paid compassionate leave as part of their employment agreement or workplace policies.

How does an employee notify their employer of compassionate leave? 

Employees should notify their employer of their need for compassionate leave as soon as practicable, possibly after the leave has started. They should also advise their employer of the expected period of leave. It’s a good idea to have a process for requesting compassionate leave outlined in your workplace policy.

Can an employer ask for evidence for compassionate leave? 

Yes, an employer can ask for evidence supporting the reason for compassionate leave, such as a death or medical certificate. However, handle these requests with sensitivity and respect the employee’s privacy during a difficult time.

What is unpaid carer's leave? 

Under the NES, unpaid carer's leave is an entitlement that allows employees to take time off to care for a member of their immediate family or household during personal illnesses, injuries, or unexpected emergencies. Casual employees are also entitled to unpaid carer's leave and unpaid compassionate leave. Employees must provide notice and evidence as required by their employer to take such leave.

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• Compassionate leave is an entitlement under the National Employment Standards for employees who experience the death or life-threatening illness/injury of an immediate family or household member.
• Full-time and part-time employees have two days of paid leave, and casual employees have two days of unpaid leave per occasion.
• Employers should have a compassionate leave policy and support employees during tough times.
• Managing compassionate leave requires tact, communication and records.
• Employees may also be entitled to sick and carer's leave for personal illness or injury, caring responsibilities, family emergencies, and the death or life-threatening illness or injury of close family members.

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