4 things you need to know about compassionate leave

It’s understandable if you’re not familiar with every detail of each leave type. A common question our experts get asked via the 24/7 HR Advice Line is ‘what types of leave are available when an employee needs to take time because of a family member’s illness or passing?’ The answer is compassionate leave, and in this article, I’ll clarify this important leave entitlement and it’s significance for both employers and employees.

1. What is compassionate leave?

Compassionate leave is separate from other leave entitlements, such as personal/carer’s leave and annual leave. Compassionate leave doesn’t come out of an employee’s annual leave, or personal/carer’s leave entitlement. There’s no limit on how much compassionate leave can be taken in a year, it’s dependent on the circumstances.

2. When can compassionate leave be used?

An employee can take up to two days of compassionate leave for each occasion when a member of their immediate family or a member of their household either contracts or develops a life-threatening illness or injury or dies.

Compassionate leave is paid at the base rate of pay for those employees engaged on a full-time or part-time basis. Casual employees are not entitled to paid compassionate leave however, they can take unpaid compassionate leave in the circumstances outlined above.

3. What does immediate family mean?

The Fair Work Act 2009 (Cth) (FW Act) defines the immediate family of an employee as including:

• a spouse, de facto partner, child, parent, grandparent, grandchild, or sibling of the employee; or
• a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the employee.

This means that if the affected family member does not fall within the above definition, the employee is not technically entitled to take compassionate leave, however, employers may exercise discretion.

4. How does compassionate leave work?

An employee must tell their employer if they intend to take compassionate leave, and this should occur as soon as possible. The employee should inform the employer of the reason for taking the leave and provide details of how long they intend to be absent from work.

Some businesses also require evidence from the employee to support their reasons for taking leave. The obligation is on the employer to request evidence if it’s required.

Compassionate leave policy

Employers need to have a comprehensive leave policy in place that outlines what you expect someone to do when they intend to take a period of leave, and what evidence if any, you require employees to provide.

How Citation HR can help

Citation HR Software can help you tailor and update your compassionate leave policy with hundreds of legally sound and compliant templates and workflows. Want to learn more about how a Citation HR subscription can protect your business and your people? Contact us today for a no obligation free chat.

About our Author

Tiarne Mitchell is a qualified People & Service Advisory Manager at Citation Group. She regularly advises our clients on a wide range of employment issues and management of complex workplace matters.