Alex is Sprintlaw's co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
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When someone on your team experiences a death, a serious family emergency, or another traumatic event, the workplace can feel like the last thing that matters - but it’s still where many people spend most of their time.
As an employer, you’re often balancing two priorities at once: supporting your employee in a difficult moment, and keeping your business running smoothly (especially if you’re a small team and every shift matters).
This guide breaks down what compassionate leave in SA means in practice for South Australian employers, how it generally works under the Fair Work framework, and the practical steps you can take to manage requests fairly, consistently, and with minimal disruption to your operations.
We’ll focus on what you need to do as an employer - from eligibility and payment, to evidence requests, recordkeeping, and policies that help you handle these situations calmly when they arise.
What Is Compassionate Leave In SA (And When Does It Apply)?
In South Australia, compassionate leave is typically managed under the National Employment Standards (NES) in the Fair Work Act 2009 (Cth) for employers and employees covered by the national workplace relations system (which includes most private sector employers).
Compassionate leave is a form of leave that applies when an employee needs time off because of a serious event affecting a member of their immediate family or household.
Common Situations Where Compassionate Leave Applies
While every situation is different, compassionate leave commonly arises when an employee:
- needs time off due to the death of an immediate family member or household member
- needs time off because an immediate family member or household member has a life-threatening illness or injury
- needs time off due to a miscarriage or a stillbirth (including where the employee’s spouse or de facto partner has a miscarriage or stillbirth)
The key takeaway is that compassionate leave is for serious and often unexpected circumstances. From a business perspective, your goal is to respond quickly, treat the employee with dignity, and confirm the basics: eligibility, entitlement, pay, and any evidence (if needed).
Does “Compassionate Leave SA” Mean There Are Different SA Rules?
It’s a common question. Employers search for “compassionate leave SA” because they want state-specific guidance - but for many South Australian businesses, compassionate leave entitlements are primarily driven by the NES (federal law), plus any additional terms in an applicable modern award, enterprise agreement, or employment contract.
So the “SA” part usually relates to your workplace context (your roster, your operational needs, local practices), rather than a separate standalone compassionate leave scheme just for South Australia.
If you’re unsure whether your business is covered by the national system or another arrangement, it’s worth getting advice early so you’re applying the right rules from day one.
Who Is Eligible For Compassionate Leave In SA?
For most businesses, eligibility comes down to two key questions:
- Is the person your employee (not a contractor)?
- Is the reason for leave connected to an immediate family member or household member, and does it fit the compassionate leave grounds?
Compassionate leave is generally available to:
- full-time employees
- part-time employees
- casual employees (usually unpaid, but still entitled to take the leave)
One practical challenge for small businesses is that you may have a mix of employment types. This is where having clear documentation matters, including a properly drafted Employment Contract that correctly reflects the employee’s status and entitlements.
What Counts As Immediate Family?
Under the Fair Work Act, “immediate family” generally includes an employee’s: spouse or de facto partner; child; parent; grandparent; grandchild; or sibling. It can also include the immediate family of the employee’s spouse or de facto partner (for example, their parent, child, grandparent, grandchild or sibling). “Child” includes step-child and adopted child.
In practice, when someone says “it’s my immediate family,” it’s usually clear - but it can get complicated in blended family situations. If you’re uncertain, it’s safer to approach the request with sensitivity and then confirm the definition against the applicable rules.
How Much Compassionate Leave Are Employees Entitled To (And Is It Paid)?
Under the NES, compassionate leave is generally an entitlement of 2 days per occasion (not “per year”). This matters because compassionate leave is event-based.
Those 2 days can usually be taken:
- as a single continuous 2-day period, or
- as 2 separate days, or
- as another agreed arrangement (for example, part-days) if that works for you and the employee
Paid vs Unpaid Compassionate Leave
As a general rule:
- Full-time and part-time employees are typically entitled to paid compassionate leave (paid at base rate for ordinary hours they would have worked).
- Casual employees are typically entitled to unpaid compassionate leave.
From a payroll perspective, the safest approach is to confirm:
- what hours the employee was rostered to work (or would ordinarily work), and
- what the relevant award or agreement requires (some instruments can have additional detail)
If you’re dealing with a tricky final pay question (for example, the employee is resigning shortly after a bereavement), it can help to sanity-check your approach to final pay so you don’t accidentally underpay or overpay.
Does Compassionate Leave Accrue Or Roll Over?
Because compassionate leave is usually framed as “2 days per occasion,” it generally does not operate like annual leave (which accrues over time). Instead, the entitlement is triggered by a qualifying event.
This is why it’s important not to treat compassionate leave like a leave “balance” that employees build up.
How Should You Handle A Compassionate Leave Request In Practice?
When an employee calls or messages you with bad news, the process you follow matters - not just legally, but also for workplace culture and trust.
Here’s a practical, employer-focused way to handle compassionate leave in SA requests.
1) Respond Quickly And Confirm The Basics
In most cases, the first response is simply confirming:
- you’ve received their request
- they can take compassionate leave
- when they expect to be away (and whether it’s 1 day, 2 days, or something else)
If it’s a rostering-heavy business (hospitality, retail, health, trades), you may also need to clarify whether they were rostered and what coverage you need.
Where you’re changing rosters at short notice, it helps to understand your general obligations around employee rostering and making shift changes fairly and lawfully.
2) Be Clear About Whether The Leave Is Paid
Employees may not be thinking about pay at all in that moment, but you still need to handle it correctly.
You can keep it simple:
- Confirm that compassionate leave is paid for full-time/part-time staff (where applicable).
- Confirm that it’s generally unpaid for casual staff (while still a valid entitlement).
If you’re not sure whether a person is genuinely casual (or whether they’ve moved into regular-pattern work), it’s worth checking their engagement terms and award coverage. Misclassifying employees can create bigger compliance risks than the leave request itself.
3) Decide Whether You Need Evidence (And Ask Sensitively)
Employers can generally request evidence that would satisfy a reasonable person that the compassionate leave reason is valid.
Common forms of evidence might include:
- a funeral notice or death notice
- a letter from a doctor or hospital
- a statutory declaration
In many workplaces, you won’t ask for evidence unless something doesn’t add up, the leave is extended, or you’re dealing with repeat issues. The key is consistency - similar situations should be handled similarly.
If you do ask, keep the request brief and respectful. If a statutory declaration is being provided, practical guidance on statutory declarations can also be helpful as a baseline reference (even though compassionate leave and sick leave are different entitlements).
4) Document The Leave Properly
Even if the conversation is informal (a phone call, a text message), you should still record:
- the date of the request
- the dates/hours taken as compassionate leave
- whether it was paid or unpaid
- any evidence requested/received (if applicable)
This is partly about compliance and partly about protecting your business if questions are raised later (for example, during a Fair Work dispute or audit).
5) Plan For Operational Coverage Without Creating Risk
One of the hardest parts for small teams is filling shifts quickly. If you cancel or move other employees’ shifts to cover the gap, make sure you’re also complying with any minimum notice requirements that apply to your workforce.
Depending on your award and circumstances, you may need to think about your process for shift changes and how you communicate those changes.
If your “solution” is to pressure the employee to work anyway or to threaten their ongoing shifts, that can create serious legal and reputational risk. A calm, system-based approach is always safer.
Do You Need A Compassionate Leave Policy (And What Should It Include)?
Many small businesses handle compassionate leave informally - until the first time something goes wrong, someone complains about unfair treatment, or managers handle similar situations differently.
A short, clear compassionate leave process (even as part of a broader leave policy) helps you:
- respond consistently across the business
- set expectations for notification and evidence
- reduce misunderstandings about pay and entitlements
- support managers who may be unsure what to say or do
Key Clauses To Include In A Compassionate Leave Policy
What you include will depend on your workplace, but a practical policy often covers:
- Eligibility: who can take compassionate leave (including casual staff).
- Notice: how the employee should notify you (phone call, SMS, email) and who they should contact.
- Evidence: when you may request evidence and examples of acceptable documents.
- Pay: how payment works for full-time/part-time employees, and that casual compassionate leave is generally unpaid.
- Interaction with other leave: what happens if the employee needs more time (e.g., annual leave, unpaid leave, or a flexible arrangement).
- Privacy and confidentiality: how you will keep sensitive information limited to those who need to know.
If you’re putting policies in place, it’s also worth thinking about how personal information (like medical details or death notices) is collected and stored, especially if your business is subject to privacy obligations. Many businesses in Australia also need a Privacy Policy if they collect personal information online or in the course of business.
Make Sure Your Contracts Don’t Create Confusion
Compassionate leave is a minimum entitlement for many employees under the NES. But confusion often comes from employment contracts that:
- don’t clearly state the employee’s classification (full-time/part-time/casual)
- use inconsistent language about leave
- fail to reflect award coverage where applicable
Having a well-drafted contract and consistent workplace policies reduces the risk of disputes later - especially when emotions are high and people are under stress.
Key Takeaways For Employers Managing Compassionate Leave In SA
- For most employers, compassionate leave in SA is primarily governed by the National Employment Standards under federal law, plus any applicable award or agreement.
- Compassionate leave is generally 2 days per occasion, and it’s usually paid for full-time/part-time employees and unpaid for casual employees.
- Have a clear internal process for compassionate leave requests: confirm dates, confirm pay status, and record it properly.
- You can generally request evidence where reasonable, but handle it sensitively and consistently to avoid workplace conflict.
- Small businesses should plan for the operational impact (rostering and shift coverage) without creating compliance risks in how shifts are changed or cancelled.
- A simple compassionate leave policy (and well-drafted employment contracts) can prevent misunderstandings and make difficult situations easier to manage.
If you’d like help reviewing your leave processes or updating your employment documents for compassionate leave in SA compliance, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
Official Sources to Check
Rules and regulator guidance can change. Check the current official material most relevant to this issue before relying on the article:
