Under Australia's National Employment Standards (NES), all employees (including casuals) are entitled to up to two days of unpaid compassionate leave each time a member of their immediate family or household dies or develops a life-threatening illness or injury. Full-time and part-time employees are entitled to two days of paid compassionate leave, while casual employees receive two days of unpaid leave.

Statutory entitlement

Two days of paid compassionate leave per permissible occasion for full-time and part-time employees. Two days of unpaid compassionate leave per occasion for casual employees. Paid at the employee's base rate of pay for ordinary hours.

Eligibility

All employees (including casuals) are entitled to compassionate leave. Full-time and part-time employees receive paid leave; casuals receive unpaid leave. The entitlement applies each time a member of the employee's immediate family or household dies or is threatened with a life-threatening illness or injury.

Employer obligations

  • Grant two days of paid compassionate leave per occasion to full-time and part-time employees.
  • Grant two days of unpaid compassionate leave per occasion to casual employees.
  • Pay at the employee's base rate of pay for the ordinary hours they would have worked.
  • Not unreasonably refuse an employee's request for compassionate leave.
  • Accept the employee's declaration of entitlement — employers may request evidence but cannot insist on a medical certificate or statutory declaration as a blanket policy.

Employee rights

  • Right to two days of compassionate leave per occasion, regardless of length of service.
  • Casual employees are entitled to unpaid compassionate leave — the NES includes casuals for this entitlement.
  • Right to take compassionate leave at any time during the relevant period (does not need to be taken on the day of death).
  • Right not to be subjected to adverse action for taking or seeking to take compassionate leave.

Common pitfalls

  • Restricting compassionate leave to only death — the entitlement also covers life-threatening illness or injury of an immediate family member or household member.
  • Requiring a medical certificate or death certificate — while employers may request evidence, they cannot impose an unreasonable requirement.
  • Confusing compassionate leave with personal/carer's leave — they are separate NES entitlements. Carer's leave can be used to care for a sick family member.
  • Applying leave caps — there is no statutory cap on the number of occasions for which compassionate leave can be taken.

Who counts as immediate family?

Immediate family includes a spouse, de facto partner, child, parent, grandparent, grandchild, sibling, or the child, parent, grandparent, grandchild or sibling of the employee's spouse or de facto partner. It also includes any person who lives in the employee's household.

How compassionate leave is paid

Full-time and part-time employees are paid at their base rate of pay for the ordinary hours they would have worked on each day of leave. This does not include penalty rates, loadings, allowances, or overtime.

Casual employees and compassionate leave

Casual employees are entitled to two days of unpaid compassionate leave per occasion. This is one of the few NES leave entitlements that extends to casuals, reflecting the importance of this leave.

Frequently asked questions

Can compassionate leave be taken for the death of a pet?

No. The NES defines immediate family and household members only. Some employers may offer discretionary compassionate leave for pets, but this is not a statutory requirement.

How many times can an employee take compassionate leave?

There is no limit on the number of occasions. An employee can take two days of compassionate leave each time an immediate family or household member dies or is threatened with a life-threatening illness or injury.

Can an employer require evidence for compassionate leave?

Yes, but the requirement must be reasonable. A death certificate, medical certificate, or statutory declaration may be reasonable in some circumstances, but blanket requirements may be unreasonable depending on the situation.

Sources

This page is provided for general guidance and does not constitute legal advice. Always check the cited primary source for current law before making employment decisions.