Australian bereavement leave is provided through the NES compassionate leave entitlement under s.104 Fair Work Act 2009 — full-time, part-time, and casual employees are entitled to 2 days of unpaid leave per occasion when a family or household member dies or has a life-threatening illness or injury. There is no separate NES bereavement leave entitlement — compassionate leave covers both the death of a family member and the period before death when a family member has a life-threatening condition. Some Modern Awards provide paid compassionate leave, but the NES default is unpaid.
This guide covers the NES entitlement, the scope of “family or household member,” the evidence requirements, the interaction with other leave types, and the employer’s obligations.
Key takeaways
- The NES provides 2 days of unpaid compassionate leave per occasion under s.104 Fair Work Act.
- Compassionate leave covers both bereavement (death of a family/household member) and life-threatening illness or injury of a family/household member.
- Full-time, part-time, and casual employees are all entitled to the leave.
- Some Modern Awards provide paid compassionate leave — check the applicable Award.
- The leave can be taken in blocks of 1 or 2 days, at any time within a reasonable period.
The NES entitlement
Section 104 of the Fair Work Act 2009 is the operative provision:
“An employee is entitled to compassionate leave if a member of the employee’s family or household: (a) contracts or develops a personal illness that poses a serious threat to their life; or (b) is injured in circumstances posing a serious threat to their life; or (c) dies.”
Key elements:
- Duration: 2 days per occasion
- Payment: Unpaid (unless the Modern Award provides paid leave)
- Availability: Full-time, part-time, and casual employees
- Trigger: Death, life-threatening illness, or life-threatening injury of a family/household member
- Frequency: Per occasion — each death or life-threatening event triggers a new 2-day entitlement
What counts as a family or household member?
The definition is broad and includes:
- Spouse, de facto partner, child, parent, grandparent, grandchild, or sibling
- A child, parent, grandparent, grandchild, or sibling of a spouse or de facto partner
- A person related to the employee according to Aboriginal or Torres Strait Islander kinship rules
- Any person who lives with the employee as part of the household
The “household” component is significant — it covers housemates, foster children, and any person who lives with the employee as part of the domestic unit, regardless of formal family relationship.
Using compassionate leave
Compassionate leave can be used for:
- Attending a funeral — the employee needs to attend the funeral or memorial service
- Arranging the funeral — the employee needs to make funeral or burial arrangements
- Bereavement support — the employee needs time to grieve or attend to personal matters following the death
- Life-threatening illness — the employee needs to care for a family member with a life-threatening condition
- End-of-life care — the employee needs to be with a family member in their final days
The leave can be taken in blocks of 1 or 2 days. The employee does not need to take the full 2 days consecutively — they can take 1 day, return to work, and take the second day later. The leave must be taken within a reasonable period of the triggering event.
Paid compassionate leave under Modern Awards
While the NES provides unpaid compassionate leave, many Modern Awards provide paid compassionate leave. Common Awards include:
| Award | Paid compassionate leave |
|---|---|
| Hospitality Industry (General) Award | 2 days paid |
| Clerks—Private Sector Award | 2 days paid |
| Banking Award | 2 days paid |
| Health Professionals Award | 2 days paid |
| Manufacturing and Associated Industries Award | 2 days paid |
The paid entitlement is in addition to — not instead of — the NES unpaid entitlement. The employer must check the applicable Award and apply the more generous terms.
Evidence requirements
The employer can request evidence under s.107 Fair Work Act. For compassionate leave, acceptable evidence includes:
- Death certificate or funeral notice
- Medical certificate confirming the life-threatening illness or injury
- Statutory declaration — the employee can declare the death or life-threatening condition
- Letter from a funeral director — confirming the funeral arrangements
The employer cannot require a specific form of evidence. A statutory declaration is generally sufficient.
Employer obligations
Six core duties apply to Australian bereavement leave management:
- Grant the leave — 2 days per occasion for all employees, including casuals
- Pay at the correct rate — unpaid under the NES, or paid if the Modern Award provides it
- Request evidence only where reasonable, and accept any reasonable form
- Allow flexible use — the leave can be taken in blocks of 1 or 2 days
- Record leave accurately in the leave management system
- Do not treat the employee adversely — for taking or requesting the leave
Common pitfalls
1. Limiting the leave to 2 consecutive days
The employee can take the 2 days consecutively or separately. The employer cannot require the leave to be taken in a single block.
2. Requiring a death certificate
A death certificate may take weeks to issue. The employer should accept a statutory declaration, funeral notice, or letter from a funeral director as evidence.
3. Not providing paid leave where the Award requires it
Many Modern Awards provide paid compassionate leave. The employer must check the applicable Award and pay at the correct rate.
4. Refusing leave for life-threatening illness
Compassionate leave covers both death and life-threatening illness. The employee is entitled to the leave when a family member has a life-threatening condition, not only after death.
5. Not recognising household members
The definition includes anyone who lives with the employee as part of the household. The employer cannot refuse leave because the person is not a formal family member.
For more Australian context, see our guide to Australian personal leave and Australian carer’s leave.
A leave management system that tracks compassionate leave separately, applies the correct payment rate per Modern Award, and handles the flexible 1-or-2-day blocks keeps your bereavement leave process compassionate and compliant.
Frequently asked questions
How many days of bereavement leave do Australian employees get?
The NES provides 2 days of unpaid compassionate leave per occasion. Many Modern Awards provide 2 days of paid compassionate leave.
Is bereavement leave paid in Australia?
The NES provides unpaid leave. Many Modern Awards provide paid compassionate leave — check the applicable Award.
Can casual employees take bereavement leave?
Yes. Full-time, part-time, and casual employees are all entitled to 2 days of compassionate leave per occasion.
Can the leave be taken in separate days?
Yes. The employee can take the 2 days consecutively or separately, at any time within a reasonable period of the triggering event.
What evidence is needed?
The employer can request evidence that would satisfy a reasonable person. A death certificate, funeral notice, medical certificate, or statutory declaration is generally sufficient.
Sources
- Fair Work Act 2009 — Part 2-2, Division 5
- Fair Work Ombudsman — Compassionate Leave
- National Employment Standards
Last updated: 26 July 2026. This article is general guidance, not legal advice. Compassionate leave entitlements depend on the applicable Modern Award or enterprise agreement — confirm current terms with the Fair Work Ombudsman.