Compassionate Leave : Navigating the compassionate leave system in Australia can be challenging during times of grief and loss.

This comprehensive guide aims to simplify the process for employees and employers alike.

Compassionate leave, also known as bereavement leave, provides essential support during difficult personal circumstances.

Understanding your entitlements and the proper procedures can reduce stress during emotionally challenging periods.

The Australian government has established clear guidelines that protect workers while providing necessary time for personal matters.

Recent updates to compassionate leave regulations have expanded coverage and simplified the claims process.

This article will walk you through everything you need to know about compassionate leave in Australia as of 2025.

What Is Compassionate Leave?

Compassionate leave is paid time off work when an immediate family or household member dies or suffers a life-threatening illness or injury.

It represents a fundamental workplace right enshrined in Australia’s National Employment Standards (NES).

All employees in Australia, including part-time and casual workers, are entitled to compassionate leave under certain conditions.

The leave allows employees to make arrangements, attend funerals, and manage personal affairs during difficult times.

Recent expansions to the definition of compassionate circumstances have made this leave more accessible to Australian workers.

Compassionate leave differs from personal leave and serves a distinct purpose within Australia’s employment framework.

The Fair Work Act 2009 provides the legislative foundation for compassionate leave entitlements across all industries.

Understanding the specific qualifying conditions is essential for both employees seeking leave and employers managing requests.

Compassionate Leave Entitlements

Full-time and part-time employees are entitled to 2 days of paid compassionate leave per occasion.

Casual employees can access 2 days of unpaid compassionate leave per occasion.

There is no annual limit to compassionate leave—it can be taken as needed when qualifying circumstances arise.

The leave can be taken as a single continuous period or as separate days, depending on the employee’s needs.

Payment for compassionate leave is calculated at the employee’s base rate of pay for ordinary hours worked.

Compassionate leave does not accumulate from year to year like annual leave or sick leave.

Employees on compassionate leave continue to accrue other entitlements such as annual leave during their absence.

Enterprise agreements or employment contracts may provide more generous compassionate leave provisions than the minimum standards.

Qualifying Relationships

Compassionate leave can be accessed when the death or life-threatening illness affects an “immediate family or household member.”

Immediate family includes spouses, de facto partners, children, parents, grandparents, grandchildren, and siblings.

The definition extends to the immediate family members of an employee’s spouse or de facto partner.

Step-relations and adoptive relationships are also included within the definition of immediate family.

Household members who are not family but live with the employee may also qualify under certain circumstances.

Indigenous employees may access compassionate leave for culturally significant relationships outside the standard definitions.

The Fair Work Commission has gradually expanded qualifying relationships to reflect diverse family structures.

Employers must consider cultural and personal circumstances when assessing compassionate leave claims.

Qualifying Circumstances

The death of an immediate family or household member automatically qualifies an employee for compassionate leave.

A life-threatening illness or injury to an immediate family or household member also qualifies for compassionate leave.

The term “life-threatening” refers to conditions that pose a significant risk to a person’s life.

Medical certification may be required to verify that an illness or injury meets the “life-threatening” threshold.

Routine hospital procedures or non-critical illnesses typically do not qualify for compassionate leave.

Miscarriage and stillbirth now explicitly qualify for compassionate leave under 2023 amendments to the Fair Work Act.

Compassionate leave may be available for attending funerals of close friends in some enterprise agreements, though this exceeds standard NES requirements.

Cultural ceremonies related to death, such as Indigenous Sorry Business, qualify for compassionate leave.

How to Apply for Compassionate Leave

Employees should notify their employer as soon as practicable when compassionate leave is needed.

Notice should be given verbally or in writing, depending on workplace policies and the circumstances.

The specific requirements for notification vary between workplaces and should be outlined in employment contracts or company policies.

Employees must provide information about the expected length of absence and the reason for the leave.

A compassionate leave application form may be required in some workplaces to standardize the process.

Digital notification systems have streamlined the application process in many modern Australian workplaces.

Employees should consult their employee handbook or intranet for specific guidance on their organization’s procedures.

Transparency and clear communication benefit both employees and employers during the application process.

Required Documentation

Employers may request reasonable evidence to support a compassionate leave claim.

Death certificates, funeral notices, or obituaries are commonly accepted as evidence for bereavement leave.

Medical certificates or hospital documents may be required for leave related to a life-threatening illness or injury.

Statutory declarations can sometimes serve as evidence when other documentation is unavailable.

Documentation requirements should be clearly outlined in workplace policies or enterprise agreements.

Privacy considerations are important when handling sensitive documents related to compassionate leave.

Employers must maintain confidentiality regarding the personal circumstances surrounding compassionate leave requests.

Digital copies of documentation are increasingly accepted by Australian employers to simplify the submission process.

Employer Responsibilities

Employers must grant compassionate leave when valid requests are made by eligible employees.

Accurate record-keeping of compassionate leave is required under the Fair Work Act.

Employers cannot unreasonably refuse compassionate leave when qualifying circumstances exist.

Maintaining employee privacy regarding the reasons for compassionate leave is a legal and ethical obligation.

Employers should provide clear information about compassionate leave policies in employee handbooks and contracts.

Supporting employees returning to work after compassionate leave is considered best practice.

Employers can face penalties for preventing employees from accessing their compassionate leave entitlements.

Training for managers on handling compassionate leave requests sensitively is highly recommended.

Extended Compassionate Leave Options

When standard compassionate leave is insufficient, employees may access annual leave or long service leave.

Unpaid leave arrangements can be negotiated when paid leave options are exhausted.

Flexible working arrangements may be available during extended periods of family illness.

Some enterprise agreements include provisions for extended compassionate leave in specific circumstances.

Leave donation programs, where colleagues can donate leave to affected employees, exist in some organizations.

The Fair Work Commission can provide guidance on extended leave arrangements when standard provisions are inadequate.

Mental health considerations may support additional leave following the standard compassionate leave period.

Employers often demonstrate compassion by offering flexible arrangements beyond statutory requirements.

Compassionate Leave for International Circumstances

Compassionate leave can be taken when qualifying events occur overseas.

Additional time for international travel may be negotiated through other leave arrangements.

Documentation from foreign authorities is generally accepted as evidence for international compassionate leave claims.

Consular assistance can sometimes help obtain necessary documentation from overseas.

Digital communication has simplified the verification process for international compassionate circumstances.

Time zone differences should be considered when notifying employers of overseas emergencies.

Travel restrictions may complicate international compassionate leave, requiring special considerations.

Cultural differences in funeral and mourning practices are relevant when assessing international compassionate leave requirements.

Compassionate Leave and Mental Health

Grief and bereavement can significantly impact mental health and work performance.

Employee assistance programs (EAPs) can provide valuable support during compassionate leave periods.

Gradual return-to-work arrangements may benefit employees following compassionate leave.

Mental health support services should be highlighted to employees taking compassionate leave.

Psychological counseling services are often available through workplace insurance programs.

Managers should receive training on supporting employees experiencing grief or trauma.

Workplace adjustments following compassionate leave can facilitate a smoother transition back to work.

The psychological impact of loss may extend beyond the standard compassionate leave period.

Compassionate Leave in Awards and Agreements

Modern awards may contain specific compassionate leave provisions for different industries.

Enterprise agreements often provide more generous compassionate leave terms than the NES minimum.

Collective bargaining has expanded compassionate leave entitlements in many Australian workplaces.

Award-free employees still receive the minimum NES compassionate leave entitlements.

Industry-specific considerations may influence compassionate leave provisions in certain sectors.

Public sector employees typically have enhanced compassionate leave entitlements compared to the private sector.

Award modernization has standardized many compassionate leave provisions across similar industries.

Checking the applicable award or agreement is essential for understanding specific entitlements.

Compassionate Leave During Probation

Employees on probation retain their right to compassionate leave under the National Employment Standards.

Accessing compassionate leave during probation cannot legally influence employment continuation decisions.

Clear communication about the need for compassionate leave is particularly important during probationary periods.

Documentation requirements typically remain the same during probation as for established employees.

Probationary employees should familiarize themselves with company-specific policies regarding leave notification.

The Fair Work Ombudsman can provide assistance if probationary employees face challenges accessing compassionate leave.

Probation extensions due to compassionate leave absences should be clearly documented if implemented.

Best practice employers recognize that personal emergencies can occur regardless of employment tenure.

Compassionate Leave for Casual Employees

Casual employees are entitled to unpaid compassionate leave under the National Employment Standards.

The qualifying circumstances for casual employees are identical to those for permanent staff.

Notification procedures for casual employees should be clearly outlined in workplace policies.

Documentation requirements remain similar for casual employees claiming compassionate leave.

Some progressive employers extend paid compassionate leave to long-term casual employees.

Casual employees with regular and systematic employment may have additional protections.

The absence of paid entitlements makes planning for potential compassionate leave particularly important for casual workers.

Casual employees cannot be penalized or have shifts reduced for taking legitimate compassionate leave.

Disputes and Resolution

The Fair Work Ombudsman provides assistance with compassionate leave disputes.

Internal grievance procedures should be the first step in resolving compassionate leave disagreements.

The Fair Work Commission can mediate unresolved compassionate leave disputes.

Documentation of all communications regarding disputed compassionate leave is advisable.

Time limitations apply for making formal complaints about denied compassionate leave.

Legal representation may be beneficial for complex compassionate leave disputes.

Alternative dispute resolution methods often provide faster outcomes than formal legal proceedings.

Most compassionate leave disputes are resolved through direct communication between employers and employees.

Recent Changes to Compassionate Leave Legislation

The Fair Work Amendment Act 2023 expanded compassionate leave to explicitly include miscarriage.

Stillbirth is now specifically recognized as a qualifying circumstance for compassionate leave.

Partners of those experiencing miscarriage or stillbirth are also entitled to compassionate leave.

Digital notification processes have been formally recognized in updated Fair Work guidelines.

The definition of “immediate family” has been clarified to include more diverse family structures.

Cultural considerations have gained greater recognition in compassionate leave assessments.

Implementation guidance for the recent changes has been published by the Fair Work Ombudsman.

These expansions reflect evolving social understanding of grief and family structures.

Tax Implications of Compassionate Leave

Compassionate leave payments are taxed as ordinary income at the employee’s normal rate.

Pay slips should clearly identify compassionate leave payments for record-keeping purposes.

Superannuation contributions continue during paid compassionate leave periods.

No tax deductions are specifically available for expenses related to circumstances requiring compassionate leave.

Financial counseling services can provide support for extended absences beyond paid leave entitlements.

End-of-year payment summaries will include compassionate leave payments within total taxable income.

Compassionate leave payments are reported to the Australian Taxation Office through standard payroll processes.

Understanding the financial implications helps employees plan effectively during difficult times.

Compassionate Leave Conclusion

Compassionate leave provides essential support during some of life’s most challenging moments.

Understanding your entitlements ensures you can focus on personal matters when they matter most.

Both employers and employees benefit from clear compassionate leave policies and procedures.

Recent legislative changes have strengthened and clarified compassionate leave provisions in Australia.

Proper documentation and communication simplify the compassionate leave process for all parties.

The compassionate leave system reflects Australia’s commitment to supporting workers through difficult personal circumstances.

Seeking advice from the Fair Work Ombudsman can clarify specific compassionate leave questions.

As work arrangements continue to evolve, compassionate leave remains a fundamental workplace right for all Australian employees.

Compassionate Leave claim process in Australia – See here