Understanding Your Entitlement to Compassionate Leave

Compassionate leave, also known as bereavement leave, is a vital right for employees in Australia, allowing them time off work when a close family member or household member faces serious illness, injury, or death. As part of the National Employment Standards (NES), this leave provides employees with the necessary time to manage these significant life events without the added stress of losing income. However, many workers still wonder: how much compassionate leave am I entitled to?

Compassionate Leave Entitlements under the NES

Under the National Employment Standards, full-time and part-time employees are entitled to two days of paid compassionate leave per occasion. This applies whenever a member of your immediate family or household dies or experiences a life-threatening illness or injury. For casual employees, the entitlement is similar, but the leave is unpaid.

It’s important to note that each event that qualifies for compassionate leave counts as a separate occasion. For instance, if a family member is diagnosed with a life-threatening illness and later passes away, this is treated as two distinct events, meaning you can take compassionate leave on two separate occasions.

Who is Covered by Compassionate Leave?

Compassionate leave is designed to support employees during difficult times, specifically when an immediate family member or household member faces serious health issues or passes away. According to the NES, the people you can take compassionate leave for include:

• Spouse or de facto partner

• Child or stepchild

• Parent or step-parent

• Sibling

• Grandparent

• Grandchild

• A member of your household

If someone you care for experiences a critical situation, compassionate leave ensures you have the time to offer support, whether it be for caregiving, mourning, or managing urgent matters related to their condition.

When Can Compassionate Leave Be Taken?

Compassionate leave is available on each occasion that a member of your family or household either passes away or becomes critically ill or injured. However, the timing of your leave should be communicated to your employer as early as possible, whenever feasible. Your employer may also request reasonable evidence for your need to take compassionate leave, which could include a medical certificate or a statutory declaration, particularly if the request is for an extended period of leave.

What If I Exhaust My Compassionate Leave?

Once you have used your two days of paid compassionate leave, you cannot accumulate additional leave for future incidents. However, you can still take more leave by using other entitlements such as annual leave or unpaid leave if needed. Casual employees who use up their unpaid compassionate leave may also consider requesting other forms of leave, depending on the agreement with their employer.

Compassionate Leave vs. Sick Leave and Carer’s Leave

It's important to differentiate compassionate leave from other types of leave like sick leave and carer’s leave. While sick leave covers your absence due to personal illness or injury, and carer’s leave is for taking time off to care for a family member who is unwell, compassionate leave is specifically for situations involving death or life-threatening illnesses within the immediate family or household.

Can I Take More Than Two Days of Compassionate Leave?

Under the NES, the statutory entitlement is for two days of paid compassionate leave per occasion. However, if more time is needed to deal with personal matters, you may be able to request additional leave from your employer. This could be in the form of annual leave, unpaid leave, or even using other entitlements if permitted under your workplace agreement or award.

Your Entitlement to Compassionate Leave

Compassionate leave is a crucial workplace right that supports employees during some of the most challenging times in life. Whether you’re a full-time, part-time, or casual worker, understanding how much compassionate leave you are entitled to, and the specific conditions surrounding it, can ensure you are able to take time off when you need it most. If you find yourself in a situation where you need compassionate leave, remember that it’s your right to take this time, and your employer is required to support you through it.