It can be an incredibly difficult and emotional time when a loved one passes away particularly if you are involved in arranging the funeral and their affairs.
Compassionate leave
Compassionate leave is available to employees when someone from their immediate family or household dies or suffers a life-threatening illness or injury.
This includes:
- parents;
- grandparents;
- siblings;
- partners; or
- children.
How much compassionate leave am I able to take?
You may take 2 days of compassionate leave as:
- a single continuous 2 day period; or
- 2 separate periods of 1 day each; or
- any separate periods as agreed with your employer.
Am I entitled to be paid while on compassionate leave?
If you are a full time or part-time employee, you are entitled to be paid your base rate of pay for the ordinary hours you would have worked while you are on leave. This means you would be paid your usual hourly rate without penalty rates, overtime or bonuses.
If you are a casual employee, compassionate leave is unpaid leave.
Do I need to provide my employer with evidence?
Your employer may ask you to provide evidence of the reason for you taking compassionate leave. This may include:
- a funeral notice;
- death certificate; or
- statutory declaration.
Your employer may refuse to grant compassionate leave or not pay you if you fail to provide requested evidence.
What if I would like to take more than 2 days of compassionate leave?
If you need to take more than 2 days leave, you should speak to your employer. You may be able to take:
- annual leave;
- personal/carer’s (sick) leave;
- time off in lieu; or
- unpaid leave.
If have a question about compassionate leave and would like to discuss your options, please feel free to contact us on (03)57224681.
MORGAN COUZENS LEGAL
If you would like to read more about leave entitlements, please read the following blogs:
I need to care for a family member, can I take personal leave?
