Most employees in Australia can take 2 days of compassionate leave, often called bereavement leave, each time a member of their immediate family or household dies. Full-time and part-time employees are paid for it, and casual employees can take it unpaid.

When someone close to you dies, work is often one of the first things you have to deal with, at a time when you can barely think. This guide sets out the minimum entitlement under the National Employment Standards, explained by the Fair Work Ombudsman, so you know what you can ask for and what to say.

How much bereavement leave do you get?

The National Employment Standards give employees 2 days of compassionate leave each time it's needed. It isn't a yearly balance. It doesn't build up, and taking it for one death doesn't reduce what you can take if there's another.

You can take the 2 days:

Compassionate leave is separate from sick and carer's leave, so it doesn't come out of your personal leave. If you're already on annual leave when someone dies, you can switch to compassionate leave for those days.

These are minimums. Your award, enterprise agreement or employment contract may give you more, so it's worth checking.

Who counts as immediate family?

Under the Fair Work rules, your immediate family is:

Step-relations and adoptive relations are included too. Compassionate leave also applies when someone who lives in your household dies, even if they aren't family.

Other relatives, such as an aunt, uncle or cousin, are covered if they lived in your household. If they didn't, your employer can still agree to give you compassionate leave, so it's always worth asking.

You can also take compassionate leave when a member of your immediate family or household has a life-threatening illness or injury, not only after a death.

Is bereavement leave paid?

For full-time and part-time employees, compassionate leave is paid at your base pay rate for the ordinary hours you would have worked. Base pay doesn't include extras like bonuses, loadings, allowances, overtime or penalty rates.

Casual employees are also entitled to 2 days of compassionate leave each time, but it's unpaid. Some awards and agreements say more, so check yours.

Compassionate leave can't be cashed out.

Telling your employer, and what proof they can ask for

You need to tell your employer as soon as you reasonably can. That can be after the leave has started, which is common when a death is sudden. Let them know how much leave you're taking, or expect to take, and when.

If it helps, something as simple as this is enough:

  • "My [relationship] died [today / yesterday]. I'll be taking compassionate leave on [day or days]. I'll let you know about the funeral date when I have it."

Your employer can ask for evidence that would satisfy a reasonable person. The Fair Work Ombudsman gives a death notice, a funeral notice or a statutory declaration as examples. If you're asked for evidence and don't provide it, you may not be entitled to the leave, so keep a copy of the funeral notice or order of service. You don't need to wait for the death certificate, which often arrives after the funeral.

When 2 days isn't enough

For many people, 2 days barely covers the funeral, let alone travel, paperwork or simply being with family. If you need more time, the Fair Work Ombudsman suggests talking to your employer about other options, which may include:

Some workplaces also have their own bereavement leave policy or an employee assistance program, so ask your manager or HR what's available. If you're the person sorting out the estate, our guides to who to notify and probate can help you plan the tasks around work.

First Steps sets out what to do in the first hours and days, in order, including what can wait. It is free, and you can come back to it any time.

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Pregnancy loss and the death of a baby

You can take 2 days of compassionate leave after a miscarriage (the loss of a pregnancy before 20 weeks) experienced by you or your current spouse or de facto partner, and after a stillbirth in your immediate family or household.

If your baby is stillborn or dies within their first 24 months, you keep your entitlement to unpaid parental leave, and your employer can't cancel it or make you return early because of the death. You may also still be eligible for Parental Leave Pay from Services Australia. The Fair Work Ombudsman's fact sheet on parental leave after the loss of a pregnancy or a child sets out the details.

Sorry Business

First Nations employees can use compassionate leave for Sorry Business when the person who died is in their immediate family or household. Some awards and enterprise agreements also include unpaid ceremonial leave. If compassionate leave doesn't apply, talk to your employer about paid or unpaid leave and the other options above.

If you work for a state government or a business in WA

The rules in this guide come from the national workplace system, which covers most Australian workplaces. Some employees are covered by state systems instead, including many state public sector employees, and in Western Australia, people employed by sole traders, partnerships and some other businesses. Your entitlement may differ, so check your award, agreement or your state's industrial relations body.

Where to get help

If you're unsure what applies to you, the Fair Work Infoline is 13 13 94. Fair Work's compassionate and bereavement leave page has the full rules, and you can look up your award there too.

And if the days ahead feel like too much, our guide to the first 24 hours sets out what needs doing now and what can wait.

Sources

This guide is general information only, not legal advice. Your award, agreement or contract may give you more than the minimums described here.

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