Compassionate leave in Australia: employee entitlements and employer obligations

Compassionate leave is a minimum workplace entitlement that allows employees to take time away from work following certain serious events involving a member of their immediate family or household. For employers, handling these requests requires sensitivity, consistent processes and a clear understanding of the National Employment Standards.

This guide explains eligibility, payment, notice and evidence requirements, together with practical steps for administering compassionate leave accurately and respectfully.

Key insights

• All employees can take compassionate leave when the eligibility criteria are met, although the leave is unpaid for casual employees.
• Employees are entitled to two days for each qualifying occasion. The entitlement does not accumulate.
• Qualifying circumstances include a death or life-threatening illness or injury involving an immediate family or household member, as well as certain stillbirth and miscarriage circumstances.
• Employees should notify their employer as soon as practicable and explain the expected period of leave.
• Employers may request evidence that would satisfy a reasonable person that the employee is entitled to the leave.
• Accurate payroll treatment, clear records and secure handling of sensitive information support consistent administration.

What is compassionate leave?

Compassionate leave, sometimes called bereavement leave, is an entitlement under the National Employment Standards in the Fair Work Act 2009. Awards, enterprise agreements and other registered agreements may provide additional entitlements, but they cannot provide less than the National Employment Standards.

For current requirements, see the Fair Work Ombudsman guidance on compassionate and bereavement leave.

Who is entitled to compassionate leave?

All full-time, part-time and casual employees are entitled to compassionate leave when a qualifying event occurs. Full-time and part-time employees receive paid compassionate leave at their base rate of pay for the ordinary hours they would otherwise have worked. This payment does not include separate amounts such as bonuses, loadings, allowances, overtime or penalty rates.

Casual employees are entitled to unpaid compassionate leave.

How much compassionate leave can an employee take?

Employees can take two days of compassionate leave for each qualifying occasion. The leave may be taken as:

• One continuous two-day period
• Two separate periods of one day each
• Other separate periods agreed between the employee and employer

Compassionate leave does not accumulate and is not deducted from annual leave or personal/carer’s leave. There is no annual cap on the number of qualifying occasions.

When can compassionate leave be taken?

An employee may take compassionate leave when:

• A member of the employee’s immediate family or household dies, or contracts or develops a life-threatening illness or injury
• A baby in the employee’s immediate family or household is stillborn
• The employee has a miscarriage
• The employee’s current spouse or de facto partner has a miscarriage

Immediate family includes a current or former spouse or de facto partner, child, parent, grandparent, grandchild or sibling. It also includes the immediate family of a current or former spouse or de facto partner, as well as step-relations and adoptive relations.

Another relative may qualify where that person is a member of the employee’s household. An employer may also agree to additional leave outside the minimum entitlement.

Notice and evidence requirements

An employee should tell the employer about the leave as soon as practicable, which may be after the leave has started. The employee should also explain how much leave is being taken or is expected to be taken.

An employer may request evidence that would satisfy a reasonable person that the employee is entitled to compassionate leave. Depending on the circumstances, reasonable evidence may include:

• A death or funeral notice
• A medical certificate
• A statutory declaration

Employers should request only the information reasonably required to administer the leave. Sensitive records should be handled securely and retained only in line with applicable legal, payroll and privacy requirements.

If an employee does not provide the required notice or reasonable evidence requested by the employer, the employee may not be entitled to compassionate leave for that absence.

How compassionate leave compares with other leave 

Note: Unpaid parental leave under the National Employment Standards is separate from Australian Government Parental Leave Pay and any employer-funded paid parental leave.

Employer responsibilities

Employers should administer compassionate leave consistently while recognising the sensitive circumstances involved. A practical process should include the following steps:

• Confirm that the circumstances meet the eligibility requirements.
• Record when and how the employee notified the organisation and the expected period of leave.
• Request evidence only where it is reasonable to do so.
• Apply the correct payment treatment for full-time, part-time or casual employment.
• Check any applicable award, enterprise agreement, contract or workplace policy for additional entitlements.
• Protect sensitive personal information and limit access to those who need it.
• Maintain appropriate payroll and leave records.
• Apply the process consistently while allowing for prompt and sensitive communication.

Common mistakes to avoid

Administering compassionate leave can involve both legal and practical considerations. Common mistakes include:

• Treating compassionate leave as part of an employee’s annual leave or personal/carer’s leave balance
• Paying an incorrect rate or including payments that are not part of the base rate for ordinary hours
• Assuming casual employees have no entitlement because their leave is unpaid
• Requiring more evidence than is reasonable in the circumstances
• Failing to check for additional entitlements under an award, agreement, contract or policy
• Retaining unnecessary sensitive information or storing records insecurely
• Applying the process inconsistently across employees or locations

Managing compassionate leave through payroll

Clear workflows can reduce manual administration and help payroll and HR teams apply leave consistently. Appropriate payroll and workforce-management systems can support:

• Employee leave requests and approvals
• Correct paid or unpaid leave treatment
• Consistent records across payroll and HR systems
• Employee self-service, where available
• Reporting and audit-ready documentation

Technology does not replace the need for sound policies or appropriate human judgement. It can, however, help organisations apply established rules more consistently and maintain reliable records.

Compassionate leave: key takeaways

Compassionate leave is a minimum employee entitlement that employers must administer consistently, sensitively and in accordance with the National Employment Standards. A clear process should cover eligibility, notice, reasonable evidence, payment and secure recordkeeping.

Employers should also check whether an applicable award, enterprise agreement, contract or policy provides a more generous entitlement. Appropriate payroll and workforce-management systems can support consistent processing, accurate payment and reliable records.

FAQs

Disclaimer: This article provides general information only and does not constitute legal, payroll, tax or workplace-relations advice. Requirements may change, and employers should check current official guidance and seek professional advice where necessary.