Your 5-minute masterclass on understanding compassionate leave

It’s totally okay if you’re not across every detail about leave entitlements—that’s what we’re here for! The National Employment Standards (NES) outline various leave types designed to support employees during personal, family, and community needs. Whether it’s sick leave, personal leave, or even something like long service leave, each has its own purpose.

One question we hear on our 24/7 HR Advice Line from employers is, “What leave applies when an employee’s spouse or a member of their immediate family or household faces a serious illness, injury, or death?” The answer is compassionate leave, also called bereavement leave. This article breaks down the ins and outs of this crucial leave type, explaining how it works, and why it matters for both employers and employees.

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.

When can compassionate leave be used?

An employee can take up to two days of compassionate leave for each occasion when:

1. a member of their immediate family or a member of their household either contracts or sustains a life-threatening illness or injury; or
2. a member of their immediate family or a member of their household dies; or
3. a child is stillborn, where the child would have been a member of the employee’s immediate family or a member of their household had the child been born alive; or
4. the employee or the employee’s current spouse or de facto partner has a miscarriage.

Casual employees are entitled to unpaid compassionate leave, while full-time and part-time employees receive paid compassionate leave paid at the employee’s base rate of pay for their ordinary hours of work.

What does immediate family or household 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 or household member doesn’t fall within the above definition, the employee isn’t technically entitled to take compassionate leave, however, employers may exercise discretion when presented with an unexpected emergency.

How does compassionate leave work?

The employee should inform the employer of the reason for taking paid compassionate 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 reasonable evidence if it’s required.

Does my business need a compassionate leave policy?

Yes, having a comprehensive leave policy is essential for every business. A clear leave policy ensures your employees understand their entitlements under the National Employment Standards and provides clarity about the expectations when taking time off for compassionate reasons.

Compassionate leave policies aren’t just about compliance; they work to foster trust and demonstrate that as an employer, you value your employees’ personal lives and well-being. By clearly defining obligations and rights, you’ll reduce confusion during emotionally charged times,.

A well-structured policy should include:

• Notice requirements: explain what constitutes sufficient notice.
• Evidence requirements: outline when an employer may request reasonable evidence, such as a medical certificate or a statutory declaration, while also respecting the employee’s privacy.
• Consistency: policies should align with existing leave provisions, such as sick and carer’s leave, personal leave, and annual leave.

Adding this policy to your handbook or employment documents will ensure consistency across how requests are handled. Remember, compassionate leave is as much about flexibility as it is about meeting your obligations to your team

Be prepared for any leave situation with a comprehensive leave policy

Employees may at times need both clarity and flexibility in how they take leave, which is why understanding the intricacies of entitlements is so important.

An employment contract or enterprise agreement may outline additional entitlements, such as additional leave, options to take leave in separate periods or to include benefits like leave loading for paid time off. It is important for employer’s to be conscious of any additional entitlement an employee may be entitled to under any applicable enterprise agreement or contract of employment.

Citation HR, backed by HR experts, can help you tailor and update your leave policies, including compassionate leave, 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 confidential, no-obligation chat.