Compassionate Leave Entitlements: A Comprehensive Guide
Understanding your compassionate leave entitlements is essential when you are facing difficult family circumstances. Employers provide this leave specifically to allow staff to support or care for an immediate family member during a crisis.
When Can You Access Compassionate Leave?
To qualify for this leave, the situation must meet one of the following specific criteria:
- An immediate family member contracts a life-threatening illness.
- An immediate family member passes away.
- A family member experiences a stillborn birth.
- The employee or their partner (spouse/de facto) suffers a miscarriage.
Defining “Immediate Family”
Furthermore, it is important to understand who qualifies under this policy. An immediate family member includes:
- Spouses or former spouses.
- De facto partners or former de facto partners.
- Children and grandchildren.
- Parents and grandparents.
- Siblings.
- Step-relations and adoptive relations.
- Any of the above relations belonging to a current or former spouse/partner.
How Does Compassionate Leave Work?
Employees can access their compassionate leave entitlements at any time as required by eligible circumstances. Usually, you can take this as two separate days or two consecutive days, provided you and your employer agree on the arrangement.
Pay Rates and Eligibility
The type of payment you receive depends on your employment status:
- Full-time and Part-time employees: You receive paid leave at your base pay rate for the hours you would have ordinarily worked. However, this pay does not include loading rates or penalties.
- Casual employees: You are entitled to two days of unpaid leave for each occasion.
Please note that these entitlements do not accumulate over time, and employers do not pay them out upon termination.
Switching Leave and Providing Evidence
If your circumstances change while you are on another leave type, such as Personal or Carer’s leave, you have options. For example, if a family member passes away, you may choose to use your compassionate leave entitlements instead of your existing leave.
Notice and Documentation
You should give your employer notice as soon as possible. Additionally, you must include your expected return date and the duration of the leave. Because every workplace differs, your employer may require evidence before approval.
Commonly accepted evidence includes:
- A medical certificate.
- A letter from a registered practitioner.
- A death certificate or funeral notice.
- A signed statutory declaration.
For more information click here
