What is compassionate leave?
Compassionate leave is an Australian workplace entitlement that allows employees to take time off for personal matters. This type of leave usually applies when a close family member experiences a life-threatening illness or passes away, giving employees the space and time to process their emotional and practical needs without the additional pressure of work. Within this article, we¡¯ll cover how it works, when it can be taken and everything else employees and employers need to know to navigate compassionate leave.
How does compassionate leave work in Australia?
Compassionate leave is part of Australia¡¯s Fair Work Act and is available to all full-time and part-time employees. Casual employees are not entitled to compassionate leave ¨C instead, they qualify for unpaid leave only.
Allowing employees to attend to urgent family and personal matters during emotionally challenging times, compassionate leave covers instances like the death or serious illness of a family member. Its purpose is to provide employees with time to focus on personal needs without having to worry about work.
The Fair Work Act outlines that employees are entitled to two days of compassionate leave for any instance where there is a death or a serious illness in their immediate family or household.
When can compassionate leave be taken?
Compassionate leave can be taken in a few circumstances, including:
Bereavement: If a close family member has passed away, employees are eligible to take two days of compassionate leave.
Serious illness: If a close family member experiences serious illness, an employee is eligible to take two days of compassionate leave.
Other emergencies or types of bereavement: If the employee or their current spouse has a miscarriage or a stillbirth, they are entitled to take two days of compassionate leave.
It¡¯s also important to note that compassionate leave is usually only available if the emergency involves an immediate family member or a family member who lives in their household.
According to the Fair Work Act, an employee¡¯s immediate family includes their:
Spouse or former spouse
De facto partner or former de facto partner
Child
Parent
Grandparent
Grandchild
Sibling
The Fair Work Act also states that compassionate leave can also cover emergencies that involve:
The immediate family of the employee's spouse or de facto partner
Step-relations, like a step-child
Adoptive relations
How much compassionate leave is available?
The amount of compassionate leave available to employees depends on their employment type:
Full-time and part-time employees: Generally, full-time and part-time employees are entitled to two days of paid compassionate leave for each eligible occasion (like the death of a family member).
Casual employees: Casual employees are only entitled to unpaid compassionate leave under the Fair Work Act. This means that while they are allowed time off, they will not receive any payment during the period of absence.
Sometimes, employers may offer additional compassionate leave beyond the Fair Work Act entitlement. To check this, employees should speak to their employer or look at their contract. They may be able to use other types of leave, like annual or unpaid, depending on their circumstances.
Employees can take compassionate leave in the way that works best for them, including:
A single continuous two-day period
Two separate periods of one day each
Any separate periods that their employer agrees to
Is compassionate leave paid?
Both full-time and part-time employees receive paid compassionate leave as part of their employment. It¡¯s paid at the base pay rate and covers the normal hours that they would have worked had they not been on leave. Casual employees can only receive unpaid compassionate leave.
Compassionate leave doesn¡¯t cover separate types of entitlements like bonuses, loadings, overtime or penalty rates.
Is compassionate leave the same as personal/carer¡¯s leave?
Compassionate leave is different from personal leave or carer¡¯s leave. Employees don¡¯t accumulate compassionate leave; instead, it can be taken at any point where it¡¯s needed.
Personal and carer¡¯s leave is usually used when an employee is ill or needs to care for a sick family member. This leave can accumulate over time. The key difference here is the purpose and duration of the leave.
It¡¯s also important to note that compassionate leave does not decrease an employee¡¯s personal or carer¡¯s leave.
Compassionate leave vs bereavement leave
In Australia, compassionate leave is also known as bereavement leave ¨C but there is a very subtle difference in how it¡¯s viewed in the workplace.
Compassionate leave covers a broader range of situations, including the serious illness or death of a close family member.
Bereavement leave is specifically associated with the death of a family member.
Can an employer ask for evidence for compassionate leave?
According to the Fair Work Act, an employer can request evidence from the employee regarding the reason for their compassionate leave. This might include a death notice, a funeral notice or a statutory declaration.
Can an employer refuse compassionate leave?
In most cases, compassionate leave cannot be refused if it meets the eligibility criteria. However, there may be instances when leave could be denied, including if the employee does not meet the requirements. For example, if the relationship with the family member is not considered close.
To mitigate this, it¡¯s important that employers have clear, fair policies regarding compassionate leave. This ensures they comply with the law and prioritise treating employees with fairness and respect.
Compassionate leave is an integral entitlement within the Australian workplace. Understanding the rules, regulations and process of compassionate leave can make difficult times more seamless for both the employee and the employer.
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