Australia’s compassionate leave policy provides employees with necessary time off during family emergencies, such as the serious illness or death of a loved one.
This guide details eligibility, payment amounts, application steps, and key considerations for managing compassionate leave in 2024. With clear guidelines, employees and employers can support each other effectively during challenging times.
What is Compassionate Leave?
Compassionate leave, also known as bereavement leave, is part of Australia’s National Employment Standards (NES), offering time off work for employees dealing with critical family issues.
Employees may take compassionate leave when an immediate family member faces a severe illness or passes away, enabling them to manage family responsibilities without worrying about job obligations.
Under NES, all employees are eligible for compassionate leave, including full-time, part-time, and casual workers. The leave entitlement applies on a per-occasion basis, meaning employees may take compassionate leave multiple times if separate, qualifying situations arise.
Eligibility for Compassionate Leave in 2024
Eligible Employees
All employee categories in Australia are entitled to compassionate leave:
- Full-time and Part-time Employees: Receive paid compassionate leave for scheduled work hours.
- Casual Employees: Are entitled to unpaid compassionate leave, with job security during the leave period.
Qualifying Relationships
Immediate family members include:
- Spouse or former spouse
- De facto partner or former de facto partner
- Parents, grandparents, children, and grandchildren
- Siblings
- Immediate family of a spouse or de facto partner, including in-laws
- Household members: Anyone living with the employee regularly, regardless of biological relation
Compassionate Leave Entitlement Amount and Duration
Duration of Leave
Employees are entitled to 2 days of compassionate leave per qualifying event, with flexibility in how they can use these days:
- A single 2-day period
- Two separate 1-day periods
- Another arrangement as agreed with the employer
Payment Structure
Compassionate leave payments vary by employment type:
- Full-time and Part-time Employees: Paid at their base pay rate for scheduled hours, excluding bonuses, allowances, or loadings.
- Casual Employees: Entitled to unpaid compassionate leave while maintaining job protection.
Payment Calculation Example
For a part-time employee who works 6 hours a day at $25 per hour, here’s a sample calculation:
- Base Pay Rate: $25 per hour
- Total Hours: 6 hours per day for 2 days = 12 hours
- Payment Amount: 12 hours x $25 = $300 for the 2-day leave period
This example shows that only the base pay rate is applied for regularly scheduled hours.
How to Apply for Compassionate Leave
Step 1: Notify Your Employer
Notify your employer of the need for compassionate leave as soon as possible. If circumstances make it difficult to inform them beforehand, notify them as soon as feasible.
Step 2: Provide Evidence If Requested
Employers may ask for reasonable documentation, such as:
- Death certificate
- Medical statement for a severe illness
- Funeral notice
Providing documentation assures employers of the situation’s validity while respecting employee privacy.
Step 3: Discuss Leave Structure, If Necessary
Employees and employers can discuss flexible arrangements if needed. For instance, an employee may take one day off, return briefly, and then take a second day off later, subject to employer agreement.
Step 4: Return to Work or Explore Additional Leave Options
After compassionate leave, employees are generally expected to return to work. If further time off is needed, employees may discuss using annual leave, personal leave, or unpaid leave.
Important Legal Considerations for Compassionate Leave
Privacy and Confidentiality
Employers must handle personal information related to compassionate leave with care, as required by the Privacy Act 1988. Any documents provided should be treated confidentially.
Discrimination and Fair Treatment
Employers must adhere to anti-discrimination laws, ensuring fair treatment of employees taking compassionate leave.
Practical Examples of Compassionate Leave Scenarios
- Example 1: Sarah, a full-time employee, takes compassionate leave following her grandfather’s passing. She uses 2 consecutive days to attend his funeral and support family members. Her employer pays her for these 2 days at her base rate.
- Example 2: Jake, a casual employee, needs time off to care for his seriously ill brother. He notifies his employer and takes unpaid compassionate leave, knowing his job is secure during this time.
