Compassionate leave is a crucial entitlement for employees in Australia, enabling them to take time off work to cope with significant life events such as the death, severe illness, or injury of a close family member or household member.
In 2025, the guidelines for compassionate leave remain largely unchanged, with a few essential updates. This guide offers clarity on eligibility, payment details, and the step-by-step process for claiming compassionate leave, ensuring employees understand their rights and how to navigate the leave process.
What is Compassionate Leave?
Compassionate leave allows employees to take time off from work due to personal circumstances like the death, life-threatening illness, injury, or stillbirth of a family member or someone in their household.
This entitlement, granted by the National Employment Standards (NES), helps workers navigate personal hardship without the added pressure of losing income.
Eligibility for Compassionate Leave
Employees in Australia, whether full-time, part-time, or casual, are eligible for compassionate leave, but the conditions differ based on employment type. Below is a breakdown of the eligibility criteria:
Full-Time and Part-Time Employees
- Entitlement: 2 days of paid compassionate leave per event.
- Payment: Employees receive their base pay for the ordinary hours they would have worked.
- Covered Family Relationships: Includes spouse, child, parent, sibling, grandparent, grandchild, or any family member living in the same household.
Casual Employees
- Entitlement: 2 days of unpaid compassionate leave per event.
- Payment: Casual employees are not paid during this time, as they do not accrue paid leave entitlements like full-time or part-time workers.
How to Claim Compassionate Leave in Australia
To claim compassionate leave, employees need to follow a clear process. Here’s a breakdown of the steps involved:
Step 1: Notify Your Employer
Notify your employer as soon as you need compassionate leave. It’s best to inform them promptly to allow adequate time for planning your absence.
- Details to Provide: Clearly state the reason for your leave, whether it’s due to a death, illness, or injury.
- Dates: Mention the specific dates you plan to be absent from work.
Step 2: Provide Evidence
In most cases, employers require documentation to verify the reason for the leave. Accepted evidence may include:
- Death: A death certificate or funeral notice.
- Life-Threatening Illness/Injury: A medical certificate or doctor’s note.
- Stillbirth/Miscarriage: Medical records or a hospital report.
Step 3: Employer Approval
Once the leave request and evidence are submitted, your employer will approve the leave, ensuring that the employee’s statutory rights are respected.
- Full-Time/Part-Time Employees: Receive paid leave as per the agreed base rate.
- Casual Employees: Entitled to unpaid leave, with no pay during the leave period.
How Is Compassionate Leave Paid?
The method of payment depends on the employment type. Here’s a breakdown:
For Full-Time and Part-Time Employees
Compassionate leave is paid at the employee’s base rate for the hours they would typically work. If the employee’s work hours vary, the base rate is calculated based on the regular working hours.
For Casual Employees
Casual employees are not paid during compassionate leave. However, they are still entitled to take the leave, meaning their job is protected.
When Will You Be Paid?
For full-time and part-time employees, compassionate leave is paid on the usual pay cycle. Employers may have different payroll systems, so it’s advisable to confirm payment dates with your employer.
Additional Leave Options for Employees
In addition to compassionate leave, Australian employees may have access to various other leave types, including:
- Bereavement Leave: Sometimes offered in addition to compassionate leave to allow for the grieving process.
- Personal/Carer’s Leave: Employees can use this leave when caring for a family member with a medical condition.
- Family and Domestic Violence Leave: Employees who are victims of domestic violence may take leave to attend legal appointments, seek refuge, or care for affected children.
Compassionate Leave and Other Leave Types
Compassionate leave is distinct from other types of leave, like annual or sick leave. Employees may choose to use annual leave or personal leave if they require additional time off beyond their compassionate leave entitlement. However, compassionate leave cannot be converted into annual leave or sick leave.
Employer’s Responsibilities
Employers are required to respect the compassionate leave rights of employees under the NES and treat requests with care and empathy. Employers must ensure that workers are not penalized or disadvantaged for taking this leave.
Impact on Employment Contracts
Some employment contracts or enterprise agreements may offer additional benefits beyond the statutory requirements of the NES. These agreements could provide more generous, compassionate leave entitlements, such as extra paid leave days. Employees should review their contracts to determine if they are eligible for more than the statutory minimum.
Compassionate leave is a crucial entitlement that provides employees with the time and support they need during challenging life events. By understanding the eligibility criteria, payment structure, and claim process, employees can ensure they take full advantage of this benefit when necessary.
Whether you are a full-time, part-time, or casual employee, it’s essential to know your rights and ensure you follow the correct steps to claim compassionate leave. If in doubt, reach out to your employer or consult the official Fair Work Ombudsman website for more guidance.
FAQs
Who is eligible for compassionate leave in Australia?
All employees in Australia are eligible for compassionate leave, including full-time, part-time, and casual workers. However, full-time and part-time employees are entitled to paid leave, while casual employees are entitled to unpaid leave.
How much compassionate leave am I entitled to?
Full-time and part-time employees are entitled to 2 days of paid compassionate leave per qualifying event. Casual employees are entitled to 2 days of unpaid leave.
How do I claim compassionate leave in Australia?
To claim compassionate leave, notify your employer as soon as possible, provide necessary evidence (such as medical certificates or a death notice), and follow your employer’s internal leave procedures.