Compassionate leave after a death in Australia

Most employees in Australia are entitled to paid leave when someone close to them dies. Here is what the law provides and what to do if you need more time.

Your entitlement under the Fair Work Act

Under the Fair Work Act 2009, most employees are entitled to 2 days of paid compassionate leave per occasion when an immediate family or household member dies or has a life-threatening illness or injury.

Immediate family includes a spouse, de facto partner, child, parent, grandparent, grandchild, or sibling — and the equivalent relations of your spouse or de facto partner.

Key points:

• The 2 days do not need to be consecutive
• There is no minimum employment period — you can access it from your first day
• The leave is not pro-rated for part-time workers — you are entitled to 2 full days
• Casual employees are entitled to 2 days, but it is unpaid

Awards and enterprise agreements

Many awards and enterprise agreements provide more than the Fair Work minimum. Some provide 3 to 5 days, extended to additional family relationships, or include paid leave for casuals. Check your employment contract, award, or enterprise agreement — or ask your HR department.

State public sector workers

State and territory public sector employees are covered by their own legislation and often have more generous entitlements. Check your enterprise agreement or contact your agency's HR team.

If 2 days is not enough

You can ask your employer to use accrued annual leave or personal/carer's leave to extend your time off. Most employers will accommodate reasonable requests in the circumstances — ask your manager or HR directly and follow up in writing.

If grief significantly affects your physical or mental health, personal/carer's leave (sick leave) may also be applicable. Speak with your GP if this is the case — a medical certificate can support your leave request.

What to do

• Notify your manager or HR as soon as possible — you do not need all the details sorted before making contact
• Ask explicitly what your entitlements are under your award, agreement, or contract
• Ask whether you can use annual or personal leave to extend your absence
• If you need documentation, a death certificate or funeral notice is typically sufficient