Compassionate Leave vs Bereavement Leave

Compassionate leave, also commonly referred to as Bereavement Leave, is a crucial entitlement outlined within the National Employment Standards (NES) for all employees under the national system.

This provision is designed to support employees facing personal crises within their immediate family or household, such as serious illness or the passing of a loved one.

It’s important to note that while the NES sets a baseline, additional compassionate leave provisions outlined in relevant modern awards or employment contracts may offer more favourable terms.

Entitlement to Compassionate Leave

  • Full-time or part-time employees are entitled to two (2) days of paid compassionate leave for each qualifying event, while casual employees are entitled to two (2) days of unpaid compassionate leave per event.

Defining Immediate Family

  • Immediate family members, as defined by the Fair Work Act, include spouses, de-facto partners, children, parents, grandparents, grandchildren, or siblings of the employee, as well as those of their spouse or de-facto partner.

The term “de-facto partner” encompasses individuals who cohabit with the employee in a genuine domestic relationship, regardless of legal marital status, and may include former de-facto partners.

How HR Connect can help

If you require assistance with dealing with disciplinary issues concerning staff, HR Connect can help. Our HR Advisors will be able to guide you through each step of the disciplinary process and we have template documents (e.g. direction to attend a disciplinary meeting, written warning, letter of termination, etc) available as part of our subscription packages.

 

 

About HR Connect

HR Connect is one of Australia’s leading providers of HR & workplace safety advice services, designed to help small business owners make confident and compliant business decisions.

 

Disclaimer

The information provided in these knowledge base articles is general in nature and is not intended to substitute for professional advice. If you are unsure about how this information applies to your specific situation we recommend you contact HR Connect for advice. The information in this summary is correct as of August 2021.

 

This knowledge base article will change over time, as Modern Award legislation relating to this Industry or Occupation is passed by the Fair Work Commission. Originally published on 21 September 2021 and last updated on 18 February 2022.

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