Compassionate Leave

by AHR Support

Compassionate Leave is paid when an employee is required to support or care for an immediate family member.

Circumstance that requisite this leave must meet one of the following criteria: 

  • An immediate family member contracts a life-threatening illness
  • An immediate family member dies
  • A stillborn birth within the immediate family; or
  • The employee or current spouse/de facto has a miscarriage.

An immediate family member refers to:

  • Children
  • Grandchildren
  • Sibling
  • Spouse or former spouse
  • De facto partner or former de facto partner
  • Parent
  • Grandparent
  • Adoptive relations
  • Step relations; or
  • Any of the above immediate family relation of a current or former spouse/ de facto partner.

Compassionate Leave can be taken anytime as required by employees in response to eligible circumstance. This can be taken as 2 consecutive or separate days as desired and agreed upon between employee and employer. Compassionate leave does not accumulate and cannot be paid out upon termination.

Full time and part time employees receive paid compassionate leave, which is to be paid at the employee’s base rate for the hours that would ordinarily have been worked. This is not inclusive of penalties or loading rates. Casual employees are entitled to 2 days unpaid compassionate leave for each occasion that such is required. 

If an employee has taken another type of leave, such as Personal/Carer’s leave and circumstances change, such as the death of an immediate family member, then the employee can choose to take 2 days of compassionate leave instead of the former leave type/arrangement.

Notice should be given as soon as circumstance allows, inclusive of the expected leave duration and anticipated return date. Evidence may be required prior to the approval of compassionate leave, and this will differ amongst workplaces.

 An employee can give such evidence through the provision of a:

  • Medical certificate
  • Letter from a registered practitioner
  • Death certificate or funeral notice; or
  • Signed statuary declaration.

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