What Leave Should You Take For A Funeral In Australia?

When a team member loses a loved one, your first priority is their wellbeing. The next question usually follows quickly: what leave do you take for a funeral under Australian law?

As an employer, it’s important to respond compassionately while staying compliant with the National Employment Standards (NES) and any applicable awards or enterprise agreements. Clear processes will help you support your staff, manage rosters and avoid disputes.

In this guide, we break down which type of leave applies to funerals, who’s eligible, what evidence you can request, and how to handle requests that fall outside the NES. We’ll also share simple steps to set up a policy framework that’s fair, consistent and legally sound.

Which Type Of Leave Applies To Funerals In Australia?

Under the NES, the leave type that generally applies to funerals is compassionate leave (often called bereavement leave). Employees can take compassionate leave when a member of their immediate family or household dies, or has a life‑threatening illness or injury.

Key points for employers:

• Amount: 2 days per permissible occasion. It can be taken in one block or as separate periods by agreement.
• Pay: Full-time and part-time employees receive paid compassionate leave at their base rate for their ordinary hours during the period. Casual employees are entitled to unpaid compassionate leave.
• Who counts as immediate family? Usually a spouse or de facto partner, child, parent, grandparent, grandchild, sibling; or a child of the employee’s spouse/de facto, plus any person who is a member of the employee’s household.
• Miscarriage and similar events: Compassionate leave can also apply if the employee, their spouse or de facto partner has a miscarriage. Other specific circumstances (for example, stillbirth) may engage different entitlements under parental leave - check the NES and any applicable award or agreement.

This leave is separate from personal/carer’s leave. While some people informally say “personal leave funeral,” the NES treats compassionate leave as its own entitlement.

Can Employees Use Other Leave For A Funeral?

Sometimes two days’ compassionate leave isn’t enough, especially if the funeral is interstate or overseas, or there are cultural obligations that extend beyond the service. In those cases, employees often ask about other options.

Annual Leave

Employees can request annual leave for additional days surrounding the funeral. You can approve the request or refuse it on reasonable business grounds. For guidance on when you can say no, see Can An Employer Refuse Annual Leave?

Unpaid Leave

If annual leave isn’t available or appropriate, you can offer leave without pay. It’s good practice to apply clear criteria consistently, so managers know when they can approve unpaid time off. For the basics, review Leave Without Pay Rules and our overview of Unpaid Leave.

Personal/Carer’s Leave

Personal/carer’s leave is designed for illness or caring responsibilities. It may be relevant if the employee needs to provide care or support to an immediate family or household member because of illness, injury, or an unexpected emergency connected to the death. However, attendance at the funeral itself is covered by compassionate leave under the NES, so personal/carer’s leave shouldn’t be the default for funerals.

Award Or Cultural Leave

Some modern awards or enterprise agreements provide extra bereavement or ceremonial leave, including leave for Aboriginal and Torres Strait Islander sorry business. Always check if your employee is covered by an award and whether it provides more generous entitlements than the NES. Where your award or agreement is silent, you can choose to offer additional paid or unpaid leave as a company benefit and reflect this in your policy.

What Evidence Can You Ask For?

You can request reasonable evidence that would satisfy a reasonable person that the leave is for a permissible occasion. In practice, that may include:

• A funeral notice, death notice or order of service
• A letter from a funeral director
• A statutory declaration where other documents aren’t accessible

Ask only for what’s reasonably necessary. Be flexible where documents are difficult to obtain (for example, when the funeral is overseas) and consider privacy and sensitivity. If you use statutory declarations, ensure your managers understand when they’re appropriate, and consider referencing your approach in your Workplace Policy framework.

Where an employee needs time off beyond their compassionate leave, you can request additional evidence consistent with your policy. For medical-related absences (e.g. if the employee becomes unwell), your managers can follow the same reasonable evidence approach as with medical certificates.

How Should You Manage Requests And Rosters?

Funerals are often arranged at short notice, and employees may not have exact dates immediately. A practical, people-first process helps you maintain operations without adding stress.

Set A Clear, Compassionate Process

• Encourage employees to notify their manager as soon as they can, even if dates aren’t confirmed.
• Confirm in writing which leave type applies (compassionate, annual, unpaid), the dates, and any evidence required.
• Offer flexibility around splitting compassionate leave across days if travel and arrangements stretch over time.

Adjust Rosters And Coverage

Build a simple checklist for managers covering backfill options, overtime approvals and communication with the team. If your business uses rotating rosters or shift work, align your approach with your award and your obligations around changing rosters under Fair Work.

Treat Information Confidentially

Only collect and store the minimum information necessary to approve leave. Limit access to HR or the relevant manager and ensure your record-keeping complies with privacy principles if you handle sensitive information.

Pay, Accrual And Record-Keeping: What Employers Need To Know

Getting the payroll side right is just as important as approving the leave.

• Payment: Pay full-time and part-time employees their base rate for ordinary hours during compassionate leave. Casuals receive unpaid compassionate leave.
• Accruals: Compassionate leave doesn’t accrue, and it’s separate from personal/carer’s leave and annual leave balances. Paid compassionate leave typically counts as service for most employment-related purposes, but check your award or enterprise agreement for any specific rules.
• Public Holidays: If a public holiday falls during compassionate leave, normal public holiday rules apply.
• Records: Keep leave records that show the type of leave, dates and payment (if any), and preserve evidence in line with your privacy practices.

If your system doesn’t distinguish between leave types, update your categories so compassionate leave is tracked separately. This helps you ensure compliance and respond consistently across the business.

Should You Go Beyond The NES? Building A Bereavement Policy

Many small businesses choose to extend support beyond the minimum. A well-drafted policy sets expectations, helps managers make consistent decisions and demonstrates your values.

What To Include In Your Policy

• Eligibility and definitions: Mirror the NES definitions for compassionate leave and specify any broader coverage your business offers (e.g. extended family, close friends, cultural obligations).
• Leave options: Outline access to compassionate leave, annual leave, time off in lieu and leave without pay, including when each may be approved.
• Evidence: State what’s “reasonable” to request and when flexibility applies (e.g. overseas funerals or cultural reasons).
• Process and notifications: Explain who to contact, when, and how to submit requests.
• Manager discretion: Clarify when managers can approve extra paid or unpaid time for special circumstances.

Embed your approach within your Staff Handbook so it sits alongside other key policies and isn’t treated as a one-off memo. You can also reflect core settings (like evidence, leave categories and approval steps) in your Employment Contract templates for full-time and part-time staff.

If you don’t have formal documents in place, it’s worth speaking with an employment lawyer so your policy aligns with the NES, relevant awards and your operational needs.

Common Scenarios And How To Handle Them

Funeral Is For Someone Outside “Immediate Family”

If the deceased isn’t captured by the NES definition (for example, a close friend), compassionate leave may not apply. In those cases, consider annual leave or leave without pay. Where cultural or community obligations are involved, awards or your internal policy might still provide paid or unpaid leave options.

Interstate Or Overseas Travel Is Required

Two days may not cover travel time. Encourage employees to request annual leave for additional days. If annual leave is exhausted, unpaid leave can be offered. Be practical with evidence where funeral documentation is not readily accessible.

Multiple Ceremonies Or Events

Employees can split the two days of compassionate leave with your agreement (for example, one day for the funeral, one day later for scattering ashes). If further time is needed, consider annual leave or unpaid leave.

The Employee Becomes Unwell

If the employee becomes unwell, personal/carer’s leave may apply for the period of illness. Apply your standard approach to evidence (e.g. medical certificates) consistently with your policies.

Short-Notice Requests And Staffing Gaps

Have a fast-track escalation process for time‑sensitive requests and pre‑approved contingency plans for coverage. This reduces the risk of non-compliance with roster obligations and helps managers respond fairly and promptly.

Practical Steps To Set Up Your Leave Framework

1. Map your legal baseline: Confirm how the NES applies to your workforce, and check each relevant modern award or enterprise agreement for enhanced bereavement/ceremonial leave.
2. Update documents: Align your Employment Contract templates, HR system leave categories and your Workplace Policy settings so compassionate leave is clearly defined and easy to administer.
3. Decide on extras: Consider whether you’ll provide additional paid days, cultural leave recognition, or flexible options (such as time off in lieu).
4. Set evidence guidelines: Create a simple matrix of acceptable evidence, with examples and notes on manager discretion.
5. Train managers: Run a short briefing covering sensitive conversations, approvals, roster adjustments and record‑keeping. Reinforce obligations when changing rosters.
6. Communicate to staff: Publish the policy in your Staff Handbook and point employees to the right contact person for urgent requests.

Key Takeaways

• For funerals, the NES provides 2 days of compassionate (bereavement) leave per occasion; it’s paid for full-time and part-time employees, and unpaid for casuals.
• Where more time is needed, employees can request annual leave or leave without pay; you can refuse annual leave on reasonable business grounds, but apply policies consistently.
• You can ask for reasonable evidence (such as a funeral notice or a statutory declaration) and should keep requests proportionate and sensitive.
• Check awards and agreements for any more generous bereavement or ceremonial leave, especially for cultural obligations like sorry business.
• Make compassionate leave easy to administer by updating your Employment Contracts, leave categories and Workplace Policies, then training managers on the process.
• A clear, compassionate policy helps you support staff, manage rosters and stay compliant during difficult times.

If you would like a consultation on setting up a compassionate leave and bereavement policy for your business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.