Compassionate Leave For Immediate Family In Australia For Employers

When a team member experiences a death in the family or a life‑threatening emergency, your first instinct is to support them as people - and that’s the right call. It’s also important to handle compassionate leave (sometimes called bereavement leave) in line with Australian law so your business stays compliant and your employee feels looked after.

In Australia, compassionate leave is part of the National Employment Standards (NES) and applies to nearly all employees. As a small business owner, understanding who is covered, how much leave is provided, what evidence you can ask for, and how to set up a clear process will make tough days a little easier for everyone.

Below, we break down what you need to know about compassionate leave for immediate family, common scenarios, and practical steps to manage it smoothly in your workplace.

What Is Compassionate Leave For Immediate Family Under The NES?

Compassionate leave under the NES allows an employee to take time off when a member of their immediate family or household:

• Dies, or
• Suffers a life‑threatening illness or injury.

Employees are also entitled to compassionate leave if the employee, or the employee’s current spouse or de facto partner, has a miscarriage. This reflects the reality that loss and medical emergencies don’t just affect work - they affect lives.

Compassionate leave can be taken when the event occurs, and it can be taken in different ways (for example, as a single two‑day block or as separate single days) if that works better for the circumstances and your operational needs.

Who Counts As ‘Immediate Family’ (And Household Members)?

Under the Fair Work Act 2009 (Cth), immediate family has a specific meaning. It includes the employee’s:

• Spouse or de facto partner (current)
• Child
• Parent
• Grandparent
• Grandchild
• Sibling

It also includes the same relatives of the employee’s current spouse or de facto partner (for example, a parent‑in‑law or sibling‑in‑law). Step and adoptive relationships are included in these categories.

Separately, a “household member” covers any person who lives with the employee on a long‑term basis. That means compassionate leave can apply even if the person is not related by blood or marriage, as long as they are part of the employee’s household.

How Much Compassionate Leave Do Employees Get - And Is It Paid?

The NES sets minimum entitlements. Awards, enterprise agreements or contracts can provide more generous terms, but they can’t go below the NES.

Entitlement Amount

• Full‑time and part‑time employees are entitled to 2 days of compassionate leave per permissible occasion.
• Casual employees are entitled to 2 days of unpaid compassionate leave per permissible occasion.

“Per permissible occasion” means the entitlement resets each time a qualifying event occurs. If an employee sadly experiences losses or emergencies affecting multiple immediate family or household members, they’re entitled to compassionate leave for each occasion.

Is It Paid?

• For full‑time and part‑time employees, compassionate leave is paid at the employee’s base rate for the ordinary hours they would have worked during the period of leave.
• For casual employees, compassionate leave is unpaid.

Base rate means you don’t include loadings, overtime or penalty rates that might have applied if the employee had worked those hours. If you’re not sure how a particular award interacts with this, it’s worth checking the relevant award or seeking advice.

How Can It Be Taken?

• In a single two‑day block, or
• On two separate single days, or
• In another agreed pattern (for example, part‑days), where it suits the situation and your operational needs.

Compassionate leave is available to employees from day one of employment; it doesn’t accrue. It also doesn’t come out of personal/carer’s leave - it’s a separate entitlement.

Notice And Evidence: What Can You Ask For?

Employees must give you notice as soon as practicable, which can be after the leave has started. They should tell you the expected period of leave (if they know it at the time). In practice, emergencies are unpredictable, so keep expectations reasonable and compassionate.

Reasonable Evidence

You can ask for reasonable evidence that would satisfy a reasonable person the leave is for a permitted reason. What’s reasonable depends on the circumstances. Examples include:

• A death notice or funeral notice
• A medical certificate confirming a life‑threatening illness or injury
• A hospital admission record
• A statutory declaration where other documents aren’t feasible

In sensitive situations, asking for minimal evidence and accepting a statutory declaration can be an appropriate balance between compliance and compassion.

Privacy And Trauma‑Informed Practice

Keep any evidence confidential and use it only for verifying entitlements. If your team collects or stores personal or health information, ensure managers handle it in a respectful, need‑to‑know way and in line with your internal policies.

It may be appropriate to avoid excessive follow‑ups or intrusive questions. A simple, private request for evidence once the employee is ready is generally best practice.

Medical Certificates And Clearances

Compassionate leave is different from sick leave. However, if an employee needs time off due to their own illness or mental health after a bereavement, normal personal/carer’s leave rules apply and you may be able to seek evidence consistent with your policy. For clarity around medical evidence, many employers set expectations in a policy and align with guidance on when you can ask for medical certificates or a medical clearance to return to work where appropriate.

Practical Steps For Employers (Policies, Payroll And Rostering)

Good systems mean you can respond quickly and compassionately without scrambling. A few simple steps can make a big difference.

1) Put Clear Leave Settings In Your Contracts

Confirm NES entitlements in your Employment Contract for permanent staff and your Employment Contract for casuals. You can go above the minimums if you want to offer extra paid bereavement leave or additional days in certain circumstances.

Clarity helps managers and payroll, and reassures employees in moments when they don’t have the capacity to debate policy details.

2) Adopt A Compassionate Leave (Bereavement) Policy

Codify how your business handles notice, evidence, pay, and flexibility (e.g. splitting days or using part‑days). This can sit within your broader Workplace Policy suite or your Staff Handbook. A short, plain‑English policy avoids confusion and ensures fair, consistent decisions across the team.

3) Set Up Payroll To Pay The Right Rate

Make sure your payroll settings pay permanent employees at their base rate for ordinary hours for the period of compassionate leave, with no loadings or penalties. For casuals, note it is unpaid under the NES unless your contract or policy provides otherwise.

4) Manage Rostering With Flexibility

Where possible, allow employees to split compassionate leave across days to attend to arrangements or cultural obligations (e.g. family gatherings, viewings, ceremonies). If part‑days are more practical, agree that approach in writing (even a brief email record is fine).

5) Consider Cultural And Religious Needs

Different families and communities will observe different mourning practices. Where practicable, offer flexibility around timing and duties. This not only supports your employee, it reinforces your values and helps retention.

6) Provide Support Beyond The Minimum

Some employers offer:

• Extra paid days for close family members
• Access to an Employee Assistance Program (EAP) or mental health support
• Temporary adjustments such as reduced duties or remote work

If you’re building broader wellbeing settings, it’s worth aligning them with your obligations regarding employee mental health and safe work practices.

7) Keep Accurate Records

Record the leave taken, dates, pay applied (if any), and any evidence received. Limit access to sensitive documents and ensure they’re stored securely and confidentially. Clear records support compliance and reduce the risk of disputes later.

Common Scenarios And FAQs For Employers

Can We Ask For Evidence If The Employee Can’t Provide It Immediately?

Yes. The law allows employees to notify you as soon as practicable. In urgent or traumatic situations, it’s reasonable to accept leave initially and arrange for evidence later. A brief follow‑up email outlining what will be provided and when keeps communication clear without adding pressure.

What If The Employee Needs More Than Two Days?

The NES provides two days per eligible occasion. Many employers choose to offer additional paid or unpaid leave, allow the use of annual leave, or provide flexible work arrangements for a short period. If you offer extra leave, reflect it in your contracts or policy so it’s applied consistently.

How Does Compassionate Leave Interact With Other Leave?

Compassionate leave is separate from personal/carer’s leave. If the employee becomes unwell, personal/carer’s leave may apply for those days. If an employee is already on annual leave or personal leave when a bereavement occurs, you can agree to switch the relevant days to compassionate leave so they don’t lose the benefit of their other leave. Capture the change in writing for payroll clarity.

Can We Decline Leave Because It’s A Busy Period?

No. If an employee is entitled to compassionate leave under the NES for an eligible event, it’s a workplace right and must be granted. You can discuss timing within the two days (e.g., splitting days or taking part‑days) if that helps operationally, but the entitlement itself cannot be refused.

Does Compassionate Leave Apply For Miscarriage?

Yes. An employee can take compassionate leave if the employee, or the employee’s current spouse or de facto partner, has a miscarriage. In these situations, consider privacy, use of minimal evidence, and trauma‑informed communication. You may also want to review your Parental Leave Policy to ensure it appropriately coordinates with this entitlement and other related supports.

Should We Update Our Policies If We’re A Small Team?

Absolutely. Even a simple one‑page policy will save time and uncertainty in a critical moment. It’s also an easy way to demonstrate fairness and compliance if questions arise later. If you don’t have a policy suite yet, our team can help you implement a practical employment law foundation tailored to your business.

What Evidence Is “Reasonable”?

Think about what a reasonable person would accept in the circumstances. A funeral notice, a medical certificate confirming a life‑threatening condition, or a stat dec will usually be sufficient. Where details are highly sensitive, consider accepting a stat dec rather than asking for medical specifics.

Can Contractors Access Compassionate Leave?

Contractors aren’t employees and typically won’t have NES leave entitlements. If you engage workers as contractors, ensure the contractor relationship is genuine and documented in the correct agreement. For employees, make sure your Employment Contract reflects the leave rules that apply to their status (permanent or casual).

How To Implement Compassionate Leave Smoothly In Your Business

To make this practical, here’s a straightforward process you can adopt.

Step 1: Prepare Your Documents

• Confirm NES entitlements in your employment agreements (permanent and casual).
• Adopt a short bereavement leave policy within your Workplace Policy or staff handbook.
• Set privacy and record‑keeping expectations for managers handling sensitive information.

Step 2: Set Payroll Rules

• Ensure the base rate (ordinary hours only) is applied for paid compassionate leave.
• Confirm unpaid settings for casuals unless you’re providing a more generous entitlement.

Step 3: Train Managers

• Explain who counts as immediate family and household members.
• Run through “reasonable evidence” examples and when to request it.
• Equip managers with a simple, empathetic communication template.

Step 4: Communicate The Policy To Staff

• Include a short summary in onboarding packs and your staff handbook.
• Encourage employees to contact their manager or HR as soon as practicable in an emergency.

Step 5: Review After A Real Case

• After you’ve supported an employee, reflect on what worked and what could be improved.
• Update your process or policy so it’s even smoother next time.

Key Takeaways

• Compassionate leave under the NES provides 2 days per permissible occasion when an immediate family or household member dies or suffers a life‑threatening illness/injury, and when the employee or their current spouse/de facto partner has a miscarriage.
• Permanent employees receive paid compassionate leave at their base rate for ordinary hours; casuals receive unpaid compassionate leave.
• “Immediate family” includes a current spouse/de facto partner, child, parent, grandparent, grandchild, and sibling - plus the same relatives of a current spouse/de facto partner; household members are also covered.
• Employees must notify you as soon as practicable. You can request reasonable evidence, such as a funeral notice, medical certificate, or a statutory declaration, taking privacy and sensitivity into account.
• Clear contracts, a simple bereavement policy, correct payroll settings, and manager training make compassionate leave straightforward and consistent in your business.
• You can go above the minimums - many small businesses choose to offer extra paid days or flexible arrangements to support staff through difficult times.

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