Compassionate leave, also called bereavement leave, provides Australian employees with much-needed time off during family crises like the severe illness or death of a close relative.
This policy, part of the National Employment Standards (NES), aims to support emotional and practical needs during such challenging times.
Let’s break down the key details for compassionate leave in 2024, including eligibility, payment, and application processes.
Overview
Eligible Employees
All employees in Australia, including full-time, part-time, and casual workers, are entitled to compassionate leave. Here’s the breakdown:
- Full-time and Part-time Workers: Receive paid leave for their scheduled work hours.
- Casual Employees: Granted unpaid leave, ensuring job protection.
Leave Entitlement
Eligible employees can take 2 days of compassionate leave per occasion, with flexible usage options:
- A continuous two-day leave.
- Two separate one-day periods.
- Another arrangement agreed upon with the employer.
There’s no limit on the number of times compassionate leave can be taken annually, provided each instance qualifies under the policy.
Payment Details
The payment structure for compassionate leave depends on the type of employment:
| Employment Type | Leave Type | Payment |
|---|---|---|
| Full-time/Part-time | Paid | Base pay for scheduled hours |
| Casual | Unpaid | Job protection, no payment |
Example: A part-time employee working 6 hours a day at $25/hour receives $300 for two days of compassionate leave (12 hours x $25).
Documentation Requirements
Employers may request evidence to confirm eligibility, such as:
- Death certificates.
- Medical certificates for terminal illnesses.
- Funeral notices.
These documents ensure transparency without compromising employee privacy.
Applying for Compassionate Leave
Step 1: Notify Your Employer
Inform your employer as soon as possible, even if the notice comes after the leave begins due to urgency.
Step 2: Provide Evidence
Submit any required documentation promptly. This might include proof of illness, death, or other related events.
Step 3: Plan Your Leave
Discuss with your employer how you intend to use the two days. Flexibility in scheduling can help balance work and personal commitments.
Step 4: Return to Work or Explore Alternatives
After compassionate leave, employees can either return to work or request additional time off through personal, annual, or unpaid leave.
Legal Protections and Considerations
Privacy and Confidentiality
Employers must comply with the Privacy Act 1988, safeguarding any sensitive information shared during the leave application process.
Anti-Discrimination
Employers are prohibited from discriminating against employees for taking compassionate leave. Fair treatment is mandated under workplace laws.
Real-Life Examples
- Sarah’s Story: A full-time employee, Sarah, takes 2 consecutive days of paid compassionate leave after her grandfather’s death. She uses the time to attend the funeral and support her family.
- Jake’s Situation: As a casual worker, Jake takes unpaid compassionate leave to care for his critically ill brother. While he doesn’t receive pay, Jake’s job remains secure during his absence.
By understanding compassionate leave policies, employees and employers can create a supportive and empathetic workplace environment.
