Bereavement Leave in WA: What Employers Need to Know

When someone in your team experiences a death in the family, you’ll want to respond with care while staying compliant with the law. In Western Australia, the rules around bereavement (also called compassionate) leave can feel confusing because there are two systems at play - the national Fair Work system and WA’s state system.

This guide breaks down how bereavement leave works in WA, who’s covered by which rules, what you need to pay, what evidence you can request, and the policies and contracts you should have in place. Our goal is to help you manage compassionate leave requests lawfully and respectfully, with minimal disruption to your business.

What Is Bereavement (Compassionate) Leave In WA?

Bereavement leave lets an employee take time off work when there is a death (or a life‑threatening illness or injury) affecting their immediate family or a household member. In the national system, this entitlement is called compassionate leave; in WA’s state system it’s commonly called bereavement leave. The entitlements are very similar in practice.

Key points most WA small businesses should know:

• Amount of leave: 2 days per permissible occasion. Employees can take the days in a row or separately if that works better (for example, one day for the funeral and one day later to settle affairs).
• Who it covers: Immediate family and members of the employee’s household. This usually includes a spouse or de facto partner, child, parent, grandparent, grandchild, sibling and their equivalent in step or adoptive relationships. It may also include other household members living with the employee.
• Paid vs unpaid: For full-time and part-time employees, bereavement/compassionate leave is typically paid at the base rate for ordinary hours they would have worked. Casual employees are entitled to take the leave unpaid.
• Evidence: You can ask for “reasonable evidence” (for example, a funeral notice, death certificate, or a statutory declaration) to confirm the need for leave.
• Flexibility: Leave can be taken around the time of the death, the funeral, or arrangements related to the bereavement, depending on the employee’s circumstances and your operational needs.

In the national system, compassionate leave also extends to certain pregnancy loss scenarios (such as miscarriage). Stillbirth scenarios may engage parental leave entitlements as well. It’s important to approach these requests with sensitivity and check the specific award or agreement that applies to your business.

Who Is Covered In WA - National Vs State System?

In WA, small businesses may be covered by either the national Fair Work system or the WA state industrial relations system. Knowing which one applies is step one to getting bereavement leave right.

National System Employers

Most private sector employers in WA are national system employers. If your business is a “constitutional corporation” (for example, a Pty Ltd company), you’re likely covered by the Fair Work Act 2009 (Cth) and the National Employment Standards (NES). Under the NES, compassionate leave is 2 days per permissible occasion, paid for non‑casuals and unpaid for casuals.

State System Employers

If you operate as a sole trader, a partnership, or certain unincorporated entities, you may be a state system employer. In that case, bereavement leave entitlements arise under WA’s industrial laws (often providing 2 days per occasion with similar paid/unpaid treatment to the national system). Some WA awards and agreements may expand entitlements.

If you’re not sure which system applies, it’s worth getting tailored advice from an Employment Lawyer so you can align your policies and payroll processes correctly.

How Should Employers Manage Bereavement Leave Requests?

There’s no one-size-fits-all approach to managing bereavement, but clear steps will help you support your employee while staying compliant.

1) Receive The Request And Acknowledge Quickly

Encourage employees to notify you as soon as they can. In practice, they may be distressed and unable to provide details right away - a simple acknowledgement gives them clarity that they’re supported.

2) Confirm Entitlement And Coverage

Check whether your employee is full-time, part-time or casual, and whether your business is covered by the national or state system. Then confirm the leave available (generally 2 days per occasion). If the situation is complex (for example, miscarriage or stillbirth), consider whether compassionate leave applies and whether unpaid parental leave rights are also relevant. Where appropriate, align with your Parental Leave Policy and any enterprise agreement.

3) Discuss Timing And Scheduling

Work together on the timing - employees can take leave in a block or as separate days. Be flexible where you can. If the employee needs additional time beyond the entitlement, discuss options like annual leave or leave without pay.

4) Request Reasonable Evidence (If Needed)

You can ask for evidence that would satisfy a reasonable person that the leave is needed. Keep requests proportionate and mindful of privacy and sensitivity. A funeral notice or a simple statutory declaration is often sufficient.

5) Record The Leave Properly

Maintain accurate records of the request, any evidence received, the dates taken, and whether the leave was paid or unpaid. This supports compliance and helps resolve any future disputes.

6) Consider Workplace Health And Safety

Grief can affect someone’s mental health and capacity to work safely. As an employer, you have duties around psychological safety. Make reasonable adjustments where appropriate, and be mindful of your Fair Work obligations regarding employee mental health.

Pay, Entitlements And Rostering Rules

Getting the pay component right is crucial for compliance and trust.

• Payment for non‑casuals: Full-time and part-time employees are paid their base rate for ordinary hours they would have worked while on bereavement/compassionate leave. There’s no leave loading, overtime or penalty rates unless your award or agreement provides otherwise.
• Casual employees: Casuals are entitled to take compassionate/bereavement leave unpaid.
• No accrual or carryover: This leave does not accrue like annual leave. It’s available per occasion when needed.
• Interaction with other leave: Employees might ask to combine compassionate leave with annual leave, personal/carer’s leave, or unpaid leave if they need extra time. You can agree to that, observing any award or agreement rules.
• Rostering: Avoid adverse action (for example, penalising an employee for taking lawful leave). Adjust rosters fairly and document changes.

If your employment agreements refer to compassionate leave, make sure the wording aligns with the NES or the WA state minimums, and any applicable award. This is a good time to review your Employment Contract templates and ensure your Casual Employment Contract reflects unpaid entitlements for casuals.

Policies, Contracts And Record-Keeping To Put In Place

A clear, empathetic policy framework makes managing difficult situations simpler for everyone.

• Workplace Policy: Set out who is covered, how to request bereavement leave, evidence expectations, and how pay is calculated. Keep it practical and sensitive. If you don’t have one, consider a tailored Workplace Policy covering leave in a single, easy-to-find place.
• Employment Contracts: Ensure your contracts reference bereavement/compassionate leave correctly, defer to the NES or WA minimums, and are consistent with any award. Review both your Employment Contract for permanent staff and your Casual Employment Contract.
• Parental Leave Policy: If the situation involves pregnancy loss or stillbirth, employees may also look to parental leave entitlements. Having a clear, compassionate Parental Leave Policy helps you respond consistently.
• Privacy Measures: Keep any evidence provided confidential and store it securely. Limit access to those with a genuine need to know.
• Record-Keeping: Maintain accurate leave records (dates, type, paid/unpaid) and any agreements about additional time off. This supports compliance and transparency.

Common Pitfalls And Practical FAQs For WA Employers

Do I Need To Pay Bereavement Leave For Part-Time Staff?

Yes, in both the national and WA state systems, part-time employees are typically entitled to paid compassionate/bereavement leave for the ordinary hours they would have worked on the relevant days. Check the applicable award or agreement for any variations.

How Much Evidence Can I Ask For?

Only what’s reasonable in the circumstances. A funeral notice or a short statutory declaration will often be enough. Be mindful that grief is personal - avoid overly intrusive requests and keep documentation confidential.

Can Employees Take Compassionate Leave For Miscarriage?

In the national system, compassionate leave extends to certain pregnancy loss scenarios, including miscarriage (for the employee or their spouse/de facto). Stillbirth may also engage unpaid parental leave entitlements in addition to any compassionate leave. If you’re unsure which entitlements apply, seek guidance from an Employment Lawyer.

What If The Employee Needs More Than Two Days?

You can agree to additional paid leave (such as annual leave) or consider leave without pay if that’s suitable. Some awards and agreements may have more generous arrangements, so always check your instrument first.

Can I Refuse A Bereavement Leave Request?

Be very cautious. If an employee qualifies for bereavement/compassionate leave under the NES or WA state laws, refusing it can amount to a breach and potentially adverse action. If there’s a genuine question about eligibility or timing, discuss it with the employee and consider a short, reasonable request for evidence.

How Do I Support Team Wellbeing While Staying Compliant?

Keep communication open, offer flexible arrangements where possible, and ensure managers understand your legal obligations and internal process. Consider training managers on respectful conversations and mental health awareness, and revisit your Fair Work obligations regarding employee mental health.

Step-By-Step: Setting Up Your WA Business For Compliance

Here’s a simple roadmap you can follow today to align your business with WA bereavement leave rules:

1. Confirm Your Coverage: Identify whether you’re a national or state system employer. This determines which law sets the minimum standard.
2. Review Contracts: Check your Employment Contract and Casual Employment Contract templates to ensure compassionate/bereavement leave clauses defer to the correct minimum standards.
3. Create/Update Policy: Publish a clear, compassionate Workplace Policy setting out eligibility, evidence, pay, and process. Cross‑reference any Parental Leave Policy for pregnancy loss scenarios.
4. Train Managers: Ensure managers know how to take requests, what evidence is reasonable, and how to record and approve leave promptly.
5. Align Payroll And Rostering: Set up your payroll to pay non‑casuals correctly and record unpaid leave for casuals. Build reasonable flexibility into rosters to avoid adverse action claims.
6. Check Awards/Agreements: Confirm if your modern award or enterprise agreement expands entitlements beyond the minimum, and update policies accordingly.
7. Plan For Edge Cases: Document a sensitive process for complex circumstances (e.g. miscarriage, stillbirth, travel, or cultural obligations), including when you might consider additional paid or unpaid leave.

Key Takeaways

• Bereavement (compassionate) leave in WA is generally 2 days per occasion, paid for full‑time and part‑time staff and unpaid for casuals, with flexibility to take the days together or separately.
• WA employers may be covered by the national Fair Work system or the WA state system - confirm which applies, then align your contracts, policies and payroll accordingly.
• You can request reasonable evidence, but keep it proportionate and handle information sensitively and confidentially.
• Support wellbeing and compliance by training managers, documenting a clear internal process, and planning for complex scenarios like pregnancy loss or travel for funerals.
• Review and update your Workplace Policy and employment agreements (including your Employment Contract and Casual Employment Contract) to reflect the correct legal minimums.
• If in doubt about eligibility, payment or evidence, getting advice from an Employment Lawyer early will reduce risk and help you support your team appropriately.

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