Compassionate Leave Australia

9 min read

Last updated September 2026
Reviewed by the Australian Unions policy team, September 2026

When unions help workers in the ACT with long service leave claims, the most difficult part is often working out which set of rules applies. That’s where many workers lose out.  

What is compassionate leave? 

Compassionate leave, also known as bereavement leave, is a National Employment Standards (NES) entitlement that allows you to take time off work when a member of your immediate family or household dies or suffers a life-threatening illness or injury. For permanent employees, this leave is paid; for casual employees, it is generally unpaid. 

Isn’t compassionate leave the same as personal leave? 

No. It’s easy to confuse these leave types, but they serve distinct purposes under Australian workplace law. 

Compassionate and bereavement leave 

Both ‘compassionate leave’ and ‘bereavement leave’ refer to the same NES entitlement. This leave is specifically for circumstances involving the death of an immediate family or household member, or a serious life-threatening illness or injury.  Unlike carer’s leave, you do not need to be providing care or support to access this entitlement. 

Carer’s leave 

Carer’s leave is different. You take carer’s leave when you need time off work to provide care or support for an immediate family or household member who is sick, injured, or experiencing an unexpected emergency.  The illness or injury does not need to be life-threatening. 

Family and domestic violence leave 

Family and domestic violence leave is a separate 10-day paid entitlement per 12-month period, accessible to all workers, including casuals. It’s specifically for employees dealing with the impacts of family and domestic violence. 

How many days of compassionate leave do you get? 

The amount of compassionate leave you are entitled to depends on your employment status. 

Full-time and part-time workers 

Full-time and part-time permanent employees are entitled to two days of paid compassionate leave per permissible occasion. This leave does not accumulate over time and does not carry over from year to year. 

Casual workers 

Casual workers are entitled to two days of unpaid compassionate leave per permissible occasion. 

Per occasion, not per year 

A key distinction for compassionate leave is that the entitlement of two days resets for each separate occasion. It is not an annual bank of leave that diminishes with use. For example, if two separate family members die in the same year, you are entitled to two days on each occasion. 

Some awards and agreements give more 

While the NES sets the minimum, some modern awards, enterprise agreements or workplace policies may provide for more generous compassionate leave entitlements, such as additional days or paid leave for casuals. Always check your specific industrial instrument. 

Who counts as immediate family or household 

The definition of who constitutes immediate family or a household member for compassionate leave purposes is broad. 

Immediate family 

This includes: 

  • Spouse or former spouse 
  • De facto partner or former de facto partner 
  • Child 
  • Parent 
  • Grandparent 
  • Grandchild 
  • Sibling 
  • A child, parent, grandparent, grandchild or sibling of your spouse or de facto partner. 

Household members 

Anyone who lives with you and is considered a member of your household is also covered. 

When you can take compassionate leave 

You can take compassionate leave in response to specific difficult circumstances. 

Death of a family or household member 

You can take compassionate leave when an immediate family member or a member of your household passes away.  This leave gives you time away from work to deal with and grieve the loss. This may include attending a funeral or memorial service, making arrangements, or spending time with family. 

Life-threatening illness or injury 

The leave also applies when an immediate family member or household member sustains a serious life-threatening illness or injuryso you are able to provide support during a critical period. 

Stillbirth and the death of a child 

Compassionate leave applies in the tragic circumstances of a stillbirth or the death of a child (including stepchildren, adopted children, or children of your spouse or de facto partner).  Information about paid parental leave entitlements in the event of a stillbirth or infant death is available in the Paid Parental Leave factsheet. 

How to take compassionate leave 

Compassionate leave is flexible. You can take the two days as a single, consecutive period, two separate one-day periods, or any other pattern you and your employer agree upon. 

Notice and evidence 

You should give your employer as much notice as you reasonably can before taking compassionate leave. This may sometimes mean informing them after the leave has already commenced, due to the nature of the circumstances. Your employer can ask you to provide evidence that would satisfy the reasonable person to support your leave. Depending on the circumstances, this may include documents such as a death notice, a medical certificate, or a statutory declaration.  

What to do if your employer refuses compassionate leave 

It can be distressing if your employer refuses compassionate leave, especially when you are already dealing with a difficult situation. Sometimes employers might try to make you use annual leave instead, which is not appropriate if you are entitled to compassionate leave. 

For example: 

A recent union member, Sarah, was blindsided when her father passed away suddenly. Emotionally distraught, she informed her manager she wouldn’t be in for two days. Her manager responded by saying she needed to apply for annual leave, as ‘that’s what holiday pay is for.’ Confused and upset, Sarah contacted her union, who immediately stepped in to explain her rights to her employer and ensured her compassionate leave was approved and paid correctly, allowing her to grieve without added financial stress. 

Here is a step-by-step guide when your employer refuses compassionate leave you’re entitled to.  

Step 1: Confirm your entitlement 

Check if the situation qualifies as a permissible occasion and whether your award, enterprise agreement or employment contract provides more than the NES minimum. 

Step 2: Put your request in writing 

If you haven’t already, submit a written request for compassionate leave. A simple message like, ‘I am requesting two days of compassionate leave from [Start Date] to [End Date] due to the [death/life-threatening illness/injury] of my [relationship to you]’ can be sufficient. 

Step 3: Get your union involved 

If your employer refuses your legitimate request for compassionate leave, or attempts to make you use other leave types unnecessarily, contact your union immediately. Unions are experts in workplace rights and can advocate on your behalf to ensure your entitlements are met. They can help you navigate the process during a sensitive time. 

Not a member yet? Join your union today!

Step 4: Fair Work 

As a last resort, if the issue cannot be resolved directly or with union assistance, you may be able to make an application to the Fair Work Commission to deal with a dispute about the refusal. Depending on the circumstances, other legal options may also be available. Your union can provide advice about the most appropriate course of action. 

Frequently asked questions

How many days of compassionate leave do you get in Australia?

You are entitled to two days of compassionate leave per permissible occasion. This applies each time an immediate family or household member dies or suffers a serious life-threatening illness or injury, rather than being an annual allocation. 

Is compassionate leave paid?

For full-time and part-time permanent employees, compassionate leave under the NES is paid at their base rate of pay for the ordinary hours they would have worked. Casual employees are entitled to unpaid compassionate leave. 

Do casuals get compassionate leave?

Yes, casual employees are entitled to two days of unpaid compassionate leave per permissible occasion. While not paid, they have a legal right to  take necessary time off without fear of repercussions. 

Is compassionate leave the same as bereavement leave?

Broadly yes, ‘compassionate leave’ and ‘bereavement leave’ are interchangeable terms that refer to the same entitlement under the National Employment Standards (NES) for dealing with death or life-threatening illness/injury of a loved one. 

Does compassionate leave cover grandparents and in-laws?

Yes, compassionate leave specifically includes grandparents, grandchildren, and siblings, as well as the equivalent relations of your spouse or de facto partner (e.g., your spouse’s parents, often referred to as in-laws). 

Can my employer make me use annual leave instead of compassionate leave?

No, if you are eligible for compassionate leave, your employer cannot force you to use annual leave instead. Compassionate leave is a distinct NES entitlement, and you have the right to access it when applicable circumstances arise. 

Do I need to provide proof for compassionate leave?

Your employer may ask for reasonable evidence to support your compassionate leave request, such as a death certificate, a medical certificate confirming a life-threatening illness, or a statutory declaration.  

Grieving and up against your employer? Your union has your back

When you’re dealing with the profound personal impact of grief or a family crisis, navigating workplace rights can feel overwhelming. Your union understands these difficult moments and stands ready to support you. Your union is able to ensure your employer grants your compassionate leave entitlements so you can focus on what truly matters without added stress or financial worry. Join your union today. 

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