Compassionate leave, also known as bereavement leave, is time off work that employers grant to employees following the death of a family member or loved one. This leave allows employees time to:

• Grieve their loss
• Attend funeral or memorial services
• Handle practical matters related to the death (such as funeral or estate arrangements)
• Support their family members

The specific terms of compassionate leave vary widely depending on:

• Country and local laws
• Company policies
• Employment contracts or collective agreements
• The relationship to the deceased person

In some countries, compassionate leave is mandated by law, while in others it’s at the employer’s discretion. The duration typically ranges from a few days to several weeks, with paid leave more common for immediate family members.

Some employers extend compassionate leave to cover other serious personal circumstances beyond bereavement, such as caring for a critically ill family member.

What is compassionate leave in Australia?

For Australia there are several considerations and legal entitlements.

Legal entitlements in Australia

• National Employment Standards (NES): Under the Fair Work Act 2009, all Australian employees have the right to compassionate leave.
• Permanent employees: Entitled to 2 days of paid compassionate leave per occasion
• Casual employees: Entitled to 2 days of unpaid compassionate leave per occasion
• Part-time employees: Entitled to 2 days of paid compassionate leave at their ordinary rate of pay
• Notice and evidence: Employees must give notice as soon as practicable and provide reasonable evidence if requested

When compassionate leave can be taken

Employees can take compassionate leave when:

1. A member of their immediate family or household dies
2. A member of their immediate family or household develops a life-threatening illness
3. A member of their immediate family or household suffers a life-threatening injury

Definition of immediate family

Under Australian law, immediate family includes:

• Current or ex-partner
• Current or previous de facto companion
• Child, parent, grandparent, grandchild, or sibling of the employee
• The employee’s spouse or de facto partner’s child, parent, grandparent, grandchild, or sibling

How compassionate leave works

• Leave can be taken as a single continuous 2-day period
• Leave can be taken as 2 separate days
• Leave can be taken as any separate periods agreed upon between employer and employee
• For part-time employees, payment is based on the hours they would have ordinarily worked
• Leave can commence immediately upon notification

Payment during compassionate leave

• Permanent full-time and part-time employees: Paid at their base rate of pay for ordinary hours during the leave period
• Casual employees: Not entitled to paid compassionate leave, but can take unpaid leave
• Payment exclusions: Does not include loadings, bonuses, penalty rates, or allowances

Compassionate leave vs. other leave types

• Personal/Carer’s Leave: Used for personal illness or caring for immediate family members who are ill
• Annual Leave: Planned time off work for holidays or personal use
• Unpaid Leave: Additional leave that may be granted at employer discretion
• Long Service Leave: Extended leave after a long period of service with one employer

Additional provisions in enterprise agreements

Many Australian workplaces offer enhanced compassionate leave provisions through:

• Enterprise Agreements: May provide additional days of compassionate leave
• Company Policies: May extend compassionate leave to wider circle of relatives
• Awards: Industry-specific awards may include additional provisions

Best practices for employers

• Maintain clear policies regarding compassionate leave entitlements
• Train managers to handle leave requests with sensitivity
• Consider flexible work arrangements upon return
• Provide access to employee assistance programs (EAPs)
• Consider additional support for employees experiencing grief

Process for requesting compassionate leave

1. Employee notifies employer as soon as reasonably practicable
2. Employee specifies expected duration of leave
3. Employer may request reasonable evidence (such as a death certificate or medical certificate)
4. Leave is recorded in payroll/HR systems properly
5. Employer maintains confidentiality regarding the circumstances

Cultural considerations in Australia

• Indigenous Australians may have different cultural practices and extended funeral periods 
• Individuals from various cultural backgrounds and diverse communities may have different mourning periods and customs
• Various faiths may have differing religious practices with specific mourning rituals that may require additional time

State and territory variations

While the NES provides the minimum entitlement, some states or territories may have additional provisions or specific requirements for compassionate leave.