Bereavement and Compassionate Leave in QLD: Employer Compliance

Supporting your team through a loss is both the right thing to do and a legal requirement. If you employ staff in Queensland, bereavement (also called compassionate) leave sits under the national rules in the Fair Work Act, with some room for awards or enterprise agreements to add extra entitlements.

In this guide, we’ll walk through what “bereavement leave QLD” looks like in practice for small businesses - who’s entitled, how much leave is available, what evidence you can request, how to pay it correctly, and the policies you should have in place so you’re compliant and compassionate.

You don’t need to navigate this alone. With a clear process and the right documents, you can support your people while keeping your business running smoothly.

What Is Bereavement (Compassionate) Leave Under QLD’s Workplace Laws?

In Queensland’s private sector, bereavement leave is governed by the National Employment Standards (NES) in the Fair Work Act 2009 (Cth). That means the rules are the same across Australia for most employers, including those operating in QLD.

Compassionate leave is available to an employee when a person in their immediate family or household:

• dies; or
• contracts or develops a life-threatening illness or injury.

It is also available when an employee or their spouse or de facto partner has a miscarriage.

Some enterprise agreements or modern awards can provide more generous entitlements. Always check the relevant industrial instrument for your workplace.

Who Counts As “Immediate Family” Or “Household”?

Immediate family generally includes a spouse or de facto partner, child, parent, grandparent, grandchild or sibling. It also covers the same relatives of the employee’s spouse or de facto partner. A household member is anyone who lives with the employee.

If you employ First Nations workers, be mindful that family relationships can extend beyond the nuclear family, and cultural obligations around Sorry Business may require flexibility. We cover sensitivity and policy settings further below.

How Much Leave Is Available?

• Full-time and part-time employees: 2 days of paid compassionate leave per permissible occasion.
• Casual employees: 2 days of unpaid compassionate leave per permissible occasion.

Leave can be taken in a single continuous 2-day block, or in separate periods (for example, to attend a funeral on one day and cultural duties on another). It does not accrue or carry over between occasions.

Who Is Eligible And What Are Your Obligations As An Employer?

All employees are eligible for compassionate leave, including casuals (unpaid). Your obligations as an employer focus on allowing the leave, paying it correctly where it is paid, managing notice and evidence, and handling requests fairly and consistently.

Paid vs Unpaid

Full-time and part-time employees must be paid at their base rate for ordinary hours they would have worked during the leave period. Casuals are entitled to unpaid leave.

Awards, Agreements And Company Policies

Modern awards and enterprise agreements can add to the NES minimums. If your workplace is covered by an instrument that provides extra days or cultural leave, that sets the standard you must meet. Your internal policies should reflect the minimum from the NES or the higher benefit where applicable.

Probationary Staff And New Starters

Compassionate leave applies from day one of employment, including during probation. If you’re unsure how this interacts with your onboarding processes, it can help to set expectations clearly in your Employment Contract and your staff policies. You can also read more about taking leave during probation to ensure you’re managing requests fairly.

Managing Requests: Notice, Evidence And Cultural Sensitivity

Life doesn’t always give much notice, and neither will many bereavement situations. A clear process helps you respond quickly and compassionately while meeting your compliance obligations.

Notice Requirements

Employees need to let you know as soon as they can that they’re taking compassionate leave, the expected length of leave and (if possible) the dates. You can encourage staff to notify you via your standard absence reporting channel (e.g. email to a manager or HR inbox), and your policy should make this easy to follow.

Evidence You Can Request

You can ask for “reasonable evidence” that would satisfy a reasonable person. This could include a death or funeral notice, medical certificate, hospital notice, or a statutory declaration. If you use statutory declarations for proof, set out what’s acceptable in your policy and consider providing a template. For context on format and content, see this guide to statutory declarations (it’s written for sick leave but the same principles apply).

Be cautious with privacy and dignity - only request what’s necessary to verify the entitlement, and handle documents securely.

Cultural Leave And Sorry Business

In Queensland, it’s common to recognise cultural mourning practices (Sorry Business) for Aboriginal and Torres Strait Islander employees. While the NES provides a baseline of 2 days per permissible occasion, many employers also offer additional cultural leave (paid or unpaid) in policy or under agreements.

Being explicit in your handbook about cultural leave (how to request it, how it’s paid, and how it interacts with compassionate leave) helps create certainty and trust. This aligns with your broader obligations to support health and wellbeing at work - another reason to review your processes around mental health obligations.

Paying Bereavement Leave And Payroll Compliance

If the leave is paid, you must pay the employee at their base rate for the ordinary hours they would have worked during the leave. No loadings, penalties or overtime are paid unless your industrial instrument requires it.

Key Payroll Points

• Rate: Base rate for ordinary hours (no overtime).
• Timing: Include payment in the next usual pay cycle.
• Records: Keep accurate leave and pay records to meet Fair Work record-keeping requirements.
• No Accrual Or Payout: Compassionate leave does not accrue, and it’s not paid out on termination.

If your employee is on a roster or has variable hours, calculate what they would reasonably have worked on the impacted day(s). Your payroll system should record compassionate leave separately from annual, personal or unpaid leave.

How Does Bereavement Leave Interact With Other Entitlements?

Bereavement situations can overlap with other leave types. Here’s how to manage the most common scenarios in Queensland workplaces.

Annual Leave Booked? It Can Be Converted

If an employee is on approved annual leave and a permissible compassionate leave event occurs, they can elect to take compassionate leave for the relevant period instead. Update your records and re-credit annual leave accordingly.

Personal/Carer’s Leave vs Compassionate Leave

Personal/carer’s leave is for illness, injury and caring responsibilities. It’s separate from compassionate leave, which is specifically tied to bereavement or life‑threatening illness/injury of an immediate family or household member and miscarriage. Employees shouldn’t be required to use personal leave before accessing compassionate leave.

Unpaid Leave And Flexibility

If an employee needs additional time beyond the NES entitlement (for travel, cultural practices or estate matters), you can consider unpaid leave or flexible work as a discretionary option or under your industrial instrument. Have a clear decision-making framework and keep it consistent. For broader context, this overview of unpaid leave in Australian employment law can help you set parameters.

Family And Domestic Violence Leave (FDVL)

FDVL is a separate entitlement (currently 10 days paid for most employees) and has its own notice and evidence requirements. Don’t treat bereavement leave and FDVL as interchangeable - always apply the entitlement that best matches the employee’s circumstances.

Parental Leave And Pregnancy Loss

Compassionate leave is expressly available for miscarriage experienced by the employee or their spouse/de facto partner. Other pregnancy-related entitlements, like parental leave, have separate rules and evidence settings. If you’re unsure which entitlement applies, seek advice and handle personal information with care.

Practical Steps: Policies, Contracts And Systems To Put In Place

A little preparation goes a long way. The best way to manage bereavement leave humanely and lawfully is to set up clear documents and processes before you need them.

1) Build Bereavement Leave Into Your Contracts And Policies

• Employment Contract: Reference leave entitlements and the need to comply with company policies for notice and evidence.
• Workplace Policy: Have a dedicated compassionate/bereavement leave policy setting out eligibility, notice, evidence, payment, cultural leave, and privacy handling.
• Staff Handbook: Keep all leave rules together, including annual, personal/carer’s, FDVL, unpaid leave and compassionate leave, so staff can find the right process quickly.

Clear, accessible policies reduce confusion in a sensitive time and help managers respond consistently across teams and locations.

2) Train Managers On Conversations And Evidence

Make sure line managers know the basics: when to approve, what evidence is reasonable, what to say (and not say), and when to escalate to HR or the business owner. Provide short scripts and checklists. Emphasise confidentiality, dignity and cultural respect.

3) Set Up Your Payroll And HRIS

Configure your system with a specific leave type for “Compassionate/Bereavement Leave” so it’s recorded accurately and paid correctly for part‑timers and full‑timers. Create a simple workflow for uploading evidence and restricting who can view it.

4) Plan For Operational Coverage

Short-notice absences happen. Keep a basic coverage plan for critical roles, including a relief roster or cross-skilling. That way, you can approve leave promptly without worrying about service gaps.

5) Support Wellbeing

Consider offering access to an EAP (Employee Assistance Program) or a list of free support services. Follow up after the employee returns and consider reasonable short-term adjustments. These steps align with your broader duty to provide a safe workplace and sit well with your mental health obligations under WHS and Fair Work frameworks.

6) Keep Good Records

Record the request, dates taken, payment and any evidence sighted or collected. Good records help demonstrate compliance if you’re audited or if a dispute arises later.

Common Employer Questions About Bereavement Leave In QLD

Can I Say No To A Bereavement Leave Request?

If the employee meets the criteria (a permissible occasion involving an immediate family or household member), you must allow the leave. You can require reasonable evidence if the information provided is unclear.

Can Employees Take Bereavement Leave For Non-Family?

The NES focuses on immediate family and household members. However, your award, agreement or internal policy can provide additional compassionate or special leave in other scenarios - it’s up to you whether you extend it beyond the minimum, provided you apply it consistently.

Do Casual Employees Get Bereavement Leave?

Yes, casuals are entitled to 2 days of unpaid compassionate leave per permissible occasion. They should still follow your notice and evidence process.

What If An Employee Requests Extra Time?

You can consider unpaid leave, flexible work or annual leave, depending on the circumstances and your operational needs. Build clear guidance into your policies so managers handle extensions fairly. For broader parameters, see this overview of unpaid leave.

Does Bereavement Leave Apply During Notice Period Or Redundancy?

Yes, if the employee is still employed, the NES applies. If you have a termination underway, ensure your managers understand how leave interacts with notice and final pay so you stay compliant. If a tricky scenario comes up, get advice early rather than making an on‑the‑spot call.

Implementing A Compassionate, Compliant Process: A Quick Checklist

• Confirm which modern award or enterprise agreement covers your workforce and whether it adds extra compassionate or cultural leave.
• Update your workplace policy to include bereavement/compassionate leave, cultural leave and evidence guidance.
• Ensure your Employment Contract and Staff Handbook refer to your leave policies and processes.
• Train managers on sensitive conversations, privacy, evidence, and how to escalate complex requests.
• Configure payroll/HRIS to record and pay compassionate leave correctly.
• Prepare an operational coverage plan so approval doesn’t disrupt service delivery.
• Build in wellbeing supports and follow‑up for returning employees.

Key Takeaways

• Bereavement (compassionate) leave in QLD follows the National Employment Standards: 2 days per permissible occasion (paid for full‑time/part‑time, unpaid for casuals).
• Employees can take the leave when an immediate family or household member dies or suffers a life‑threatening illness/injury, and for miscarriage involving the employee or their spouse/de facto partner.
• You can require reasonable evidence, but keep requests proportionate and handle all information sensitively and securely.
• Awards, enterprise agreements and policies can add extra entitlements, including cultural leave for Sorry Business - reflect these clearly in your documents.
• Set your business up for success with the right tools: an Employment Contract, a clear workplace policy, a centralised staff handbook, and payroll systems that record and pay leave properly.
• Where a situation is complex or overlaps with other entitlements (FDVL, parental leave or extended time off), get tailored advice and treat the employee with care.

If you’d like a consultation on setting up bereavement leave processes and policies for your Queensland workplace, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.