HR guide to compassionate leave

Offering compassionate leave isn't just a matter of compliance. Handling your employees' personal crisis sensitively can lead to increased engagement and retention. As such, compassionate leave is an important part of your HR strategy that goes far beyond abiding by the law.

In this guide, we explore compassionate leave. We cover what it is and how much compassionate leave you must provide. We also address the situations it applies in, how much notice employees need to give, and what evidence you can request. Additionally, we share best practices for managing compassionate leave.

Note, this information is current as of 06/12/2024. We recommend double-checking with the National Employment Standards to ensure you’re using the most up-to-date information.

What is compassionate leave?

Compassionate leave is a type of leave that eligible employees have a right to under the National Employment Standards (NES). Employees can typically access this leave when:

• an immediate family or household member dies;

• or an immediate family or household member suffers a life-threatening illness or injury.

Compassionate leave allows employees time to grieve. It gives them the opportunity to manage personal responsibilities, or care for loved ones during difficult circumstances. It's worth noting that compassionate leave also goes by the term 'bereavement leave'.

Employer obligations for compassionate leave

The Fair Work Act states employers must provide compassionate leave to eligible employees when necessary. This entitlement extends to full-time, part-time, and casual employees. This ensures that everyone has access to compassionate leave during times of personal crisis.

Full-time and part-time employees have a right to two days of paid compassionate leave per occasion. During this time, you must ensure they receive their usual pay rate for their usual ordinary hours. Casual employees have a right to two days of unpaid compassionate leave per occasion. 

As an employer, you have an obligation to allow an employee to take compassionate leave in each instance of an eligible situation. There's no limit to the number of times they can request it throughout their employment. You also have an obligation to process compassionate leave efficiently and sensitively.

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Applicable circumstances for compassionate leave

An employee can request compassionate leave when:

• a member of their immediate family or household dies

• a member of their immediate family or household suffers a life-threatening illness or injury

• a baby in their immediate family or household is stillborn

• they experience a miscarriage

• their current spouse or de facto partner experiences a miscarriage

The definition of 'immediate family' under the NES is:

• an employee's spouse;

• de facto partner;

• child;

• parent;

• grandparent;

• grandchild;

• or siblings.

The immediate family also includes their step-relatives and in-laws. A 'household member' refers to anyone living with the employee on a permanent or long-term basis.

When an employee is suffering from personal illness, compassionate leave doesn't apply. It doesn't apply when their family member is suffering from a non-life-threatening illness or injury, either. In these cases, employees should use sick and carer's leave instead. Compassionate leave is for more serious circumstances, such as death or life-threatening conditions. Employees aren't eligible for compassionate leave in relation to a former spouse or de facto partner.

Notice and communication requirements

If an employee is requesting compassionate leave, they should notify you as soon as possible. Depending on the urgency and nature of the situation, this might be after the commencement of the leave. Employees should clearly communicate the need for compassionate leave and the expected duration. Verbal or written communication suffices. 

As an employer, it's your responsibility to ensure there's a logical process in place for handling these requests. You should also ensure that employees know how and when to notify you of their need for this type of leave.

There's no obligation for you to approve compassionate leave requests that aren't communicated on time. But, flexibility and empathy are key when dealing with compassionate leave requests.

Evidence employers can request

You can ask for evidence to confirm an employee’s need for compassionate leave. This evidence might include a death certificate, funeral notice, or medical documentation. According to the NES, employees should provide evidence 'that would satisfy a reasonable person'. This may also include a statutory declaration if medical documentation isn't available.

You have a right to request evidence, but should use discretion and be flexible when doing so. Depending on the event, securing the documentation can take time.

6 tips for handling compassionate leave

Here are some tips to help you manage compassionate leave sensitively while maintaining compliance:

1. Be empathetic and understanding, recognising the personal nature of each situation.

2. Encourage open communication. This helps employees feel comfortable discussing their needs without fear of judgment.

3. Be flexible when possible, offering extra support, such as access to counseling services.

4. Balance maintaining compliance and handling each request with care and sensitivity.

5. Put a clear but flexible process in place for requesting compassionate leave.

6. Create a supportive environment so employees feel cared for during difficult times.

Simplify compassionate leave management with Rippling

Compassionate leave or bereavement leave is an important entitlement. It supports employees during personal crises. As an employer, you must follow the National Employment Standards. This involves providing both unpaid and paid compassionate leave, depending on the circumstance.

Rippling simplifies the management of compassionate leave, as well as annual leave and sick leave. It does this by streamlining leave requests, tracking entitlements, and integrating with payroll. Beyond this, the platform helps you collect documents and keep records securely. As a result, you can manage requests efficiently and pay employees correctly. You can also provide them with the support they need during difficult times.