Bereavement Leave in Australia: Entitlements, Obligations and Policy Tips

When someone in your team loses a loved one, the way you respond matters - personally, culturally, and legally.

As a small business owner or manager, you’re often balancing genuine care for your staff with operational realities (coverage, rosters, client deadlines) and compliance under the Fair Work system. That’s why it helps to understand Australia’s bereavement leave rules, what your minimum obligations are, and how to build a practical policy that supports your people without creating confusion or risk.

In this guide, we’ll walk through bereavement leave (called compassionate leave under the Fair Work Act, and sometimes referred to as “grief leave” or “funeral leave”) from an employer perspective - what you need to provide, when it’s paid, what evidence you can request, and what “best practice” looks like for small businesses.

What Is Bereavement Leave In Australia (And What Does The Law Call It)?

In Australia, “bereavement leave” is commonly used to describe the entitlement known under the National Employment Standards (NES) as compassionate leave.

Compassionate leave is time off work when an employee’s immediate family or household member:

• dies, or
• has a life-threatening illness or injury.

Compassionate leave can also apply in some pregnancy loss circumstances (for example, where an employee’s spouse or de facto partner has a miscarriage or stillbirth), which can be relevant even if there isn’t a funeral in the traditional sense.

Most employers think about compassionate leave in the context of a death and funeral arrangements - and that’s often when it comes up in practice.

Why This Matters For Small Businesses

Because the NES provides minimum entitlements, you can’t “contract out” of compassionate leave by offering something less. Even if your workplace is informal, you still need to meet the legal baseline.

On the other hand, you can provide more generous support (for example, additional paid days, flexibility, unpaid leave, or access to employee assistance programs), and many small businesses do this as part of building a healthy culture and retaining good staff.

How Much Bereavement Leave Do You Get (And Who Is Eligible)?

A common question we hear is: how much bereavement leave do you get in Australia?

Under the NES, eligible employees are entitled to 2 days of compassionate leave per occasion.

Key points for employers:

• It’s “per occasion”, not per year - meaning if more than one eligible event occurs, the employee can access the entitlement each time.
• It can be taken as a single 2-day block or as two separate days (for example, one day to manage immediate arrangements and another day for the funeral or memorial).
• It applies to part-time and full-time employees as part of the NES.

Does Compassionate Leave Apply To Casual Employees?

Yes - casual employees are entitled to compassionate leave under the NES, but it’s generally unpaid (more on pay below).

This is an area where having clear documentation helps. A well-drafted Employment Contract can reduce misunderstandings by setting expectations around notifications, evidence, and how leave is recorded.

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

For compassionate leave purposes, this typically includes close relationships such as a spouse or de facto partner, child, parent, grandparent, grandchild, or sibling of the employee, and also includes equivalent relationships for the employee’s spouse or de facto partner.

It can also apply where the person is a member of the employee’s household, even if not related.

Because family and kinship structures can be diverse (including cultural and community responsibilities), it’s often best practice to approach these requests with sensitivity - while still applying a consistent process.

Is Bereavement Leave Paid In Australia?

Another common search is: is bereavement leave paid?

Under the NES:

• Full-time and part-time employees: compassionate leave is paid at the employee’s base rate of pay for the ordinary hours they would have worked.
• Casual employees: compassionate leave is generally unpaid.

What About Different Awards Or Enterprise Agreements?

Many modern awards and enterprise agreements interact with the NES and can provide additional detail (for example, how shifts are treated, how notice is given, or whether additional paid leave is available).

As an employer, you should check:

• the employee’s applicable modern award (if any)
• any enterprise agreement (if your business has one)
• the employee’s individual contract (as long as it doesn’t undercut the NES).

If you’re unsure which instrument applies, it’s worth getting advice early - mistakes around leave and pay can cause compliance issues and employee relations problems.

Can You Offer Extra Bereavement Leave?

Yes. Many small businesses choose to offer additional support, such as:

• extra paid days (for example, 3–5 days instead of 2)
• additional unpaid leave where needed
• flexible working arrangements for a period after the death
• the option to use annual leave or time in lieu (where applicable).

Just make sure whatever you offer is documented clearly and applied consistently to reduce discrimination risk and avoid setting unclear precedents.

When Can Bereavement Leave Be Taken, And How Should It Be Managed?

Bereavement and grief don’t always follow a neat timeline. Practically, employees may request leave:

• immediately after the death
• on the day of a funeral, memorial, or cultural ceremony
• intermittently (for example, if events occur across multiple days).

Notice Requirements: What Can You Ask For?

Employees should notify you as soon as practicable. In many workplaces, that will be a call or message to the manager on duty, followed by an email to confirm dates.

Even if your business is fast-paced, having a consistent communications process is helpful - particularly where you run rosters or shift work. This is often supported through a clear workplace communication approach and written standards, which can sit inside your broader compliance framework (including workplace communication expectations).

How It Interacts With Rosters And Shifts

For employees who work shifts, the “2 days” entitlement is generally applied to the time the employee would have worked (for example, the rostered ordinary hours or shifts during that period). This can get tricky if:

• the employee was not rostered on (they may not need leave for that day, but may ask to take the leave at another time - which can be taken by agreement)
• the employee works long shifts (for example, 10–12 hours), which can affect how many hours are paid for each day of compassionate leave
• the funeral is on a day they don’t ordinarily work (they may ask to take the leave on a different day, or take a different arrangement like annual leave).

The safest approach is to confirm what the employee would have worked, clarify exactly what they are requesting (including whether they want to split the leave or take it in separate periods), and ensure your payroll records match the agreed dates/hours.

Can An Employee Take More Than 2 Days?

The NES sets the minimum entitlement at 2 days per occasion. If an employee needs more time, options may include:

• agreeing to additional unpaid leave
• using annual leave
• flexible arrangements (reduced hours, adjusted shifts, working from home where possible).

It’s often better to treat this as a supportive conversation rather than a hard “yes/no” decision - while still documenting what you agree to.

If you have a broader policy suite in place (for example, through a Staff Handbook), you can set expectations around manager discretion, escalation points, and record-keeping.

Can You Ask For Evidence For Bereavement Leave (And What’s Reasonable)?

Yes - employers can request evidence that would satisfy a reasonable person that the employee is entitled to compassionate leave.

In practice, reasonable evidence may include:

• a funeral notice or order of service
• a death notice
• a letter from a funeral director
• a statutory declaration.

Be mindful that employees may not always have documents immediately (or may not feel comfortable sharing details). You’ll usually get better outcomes by being clear and compassionate about what you need and why (for example, for payroll compliance), and by giving time for the employee to provide it.

If a statutory declaration is used in your workplace as a form of evidence, make sure your process is consistent and respectful. Some employers keep a template option available (and if your team asks what a stat dec involves, a general reference point is a statutory declaration format and witnessing requirements).

Best Practice: Don’t Turn Evidence Into A Barrier

While you can ask for evidence, it’s usually not best practice to treat it like an interrogation. If the request feels heavy-handed, you risk damaging trust - and potentially escalating a sensitive situation into a complaint.

Instead, consider:

• requesting evidence only where needed (for example, longer absences, patterns of misuse, or payroll requirements)
• limiting who sees the documents (privacy and dignity matter)
• recording leave in a neutral way (avoid unnecessary details in shared systems).

How To Create A Bereavement (Compassionate) Leave Policy That Works In Practice

Even though the NES sets the minimum entitlement, the real friction in workplaces usually comes from uncertainty - managers unsure what they can approve, employees unsure what they can ask for, and payroll unsure what to record.

A clear bereavement leave policy is one of the simplest ways to reduce that uncertainty.

What A Good Bereavement Leave Policy Should Cover

For most small businesses, a practical policy covers:

• Entitlement summary: 2 days per occasion under the NES, and whether your business offers additional leave.
• Who it applies to: full-time, part-time, casual, and any special rules for contractors (note contractors are different and not typically covered by NES entitlements).
• Paid vs unpaid: how pay is handled for permanent staff vs casuals.
• How leave is taken: whether it can be split into separate days (or separate periods by agreement), and how shift workers are treated.
• Notice process: who the employee should contact, and how quickly.
• Evidence: what may be requested and accepted.
• Extra support options: additional unpaid leave, annual leave, flexibility, and any wellbeing support.
• Non-discrimination and respectful behaviour: expectations for managers and team members.

Many businesses include this as part of a broader workplace policy set, so leave is handled consistently alongside other entitlements and workplace processes.

Make Sure Your Policy Matches Your Contracts And Your Payroll Settings

One common issue is when a policy says one thing, but payroll is configured another way (for example, paying compassionate leave for the wrong hours, or incorrectly paying casuals).

It’s also important that your policy aligns with your written agreements and workplace documentation - especially if you offer additional paid bereavement leave as a benefit.

Train Your Managers On The “People” Side As Well As The Rules

Legal compliance is only one part of handling bereavement leave well. The other part is ensuring managers know how to respond appropriately.

Best-practice manager guidance usually includes:

• acknowledge the message and confirm the employee doesn’t need to explain details immediately
• clarify the dates requested and any immediate work handover needs
• offer flexibility where possible (for example, swapping shifts, adjusting deadlines)
• avoid public announcements unless the employee wants that shared
• check in once the employee returns, without pressuring them to “be fine”.

If your business runs on tight rosters, planning around leave is part of day-to-day compliance too. While compassionate leave is its own category, businesses often benefit from taking a broader look at how breaks, rosters, and availability are managed across the board (including break entitlements and shift practices) so last-minute changes don’t create downstream issues.

Key Takeaways

• Bereavement leave in Australia is generally covered under the NES as compassionate leave, with a minimum entitlement of 2 days per occasion (and it may also apply to certain pregnancy loss events).
• Full-time and part-time employees receive compassionate leave as paid leave at their base rate for ordinary hours they would have worked; casual employees generally receive it as unpaid leave.
• You can request reasonable evidence (like a funeral notice or statutory declaration), but best practice is to keep the process respectful and not overly burdensome.
• A clear bereavement leave policy reduces confusion around notice, evidence, payroll recording, and manager discretion - especially for shift-based workplaces.
• Offering extra support (additional leave, flexibility, or unpaid leave options) can be a strong retention and culture move, as long as it’s documented clearly and applied consistently.

If you’d like help reviewing your bereavement leave policy or putting the right employment documents in place, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.