What Does Bereavement Leave Mean? A Complete Guide For Australian Employers

Running a business in Australia isn’t just about your bottom line. It’s also about supporting your team through life’s highs and lows. When an employee experiences the loss of a loved one, acting with empathy-and following the law-matters.

If you’re asking “what does bereavement leave actually mean?”, “who’s eligible?”, or “what’s my process as an employer?”, you’re in the right place. Getting this right supports your culture, reduces risk, and ensures you meet your obligations under Australian employment law.

Below, we break down how bereavement (compassionate) leave works, who it covers, how it’s paid, what evidence you can request, and how to set up a simple, respectful process your managers can follow.

What Does Bereavement (Compassionate) Leave Mean In Australia?

In Australian employment law, “bereavement leave” is commonly used to describe what the Fair Work Act 2009 (Cth) calls “compassionate leave.” They mean the same thing.

Compassionate leave gives an employee time away from work when a close family or household member dies, or has a life‑threatening illness or injury. It is also available if the employee, or their spouse or de facto partner, experiences a miscarriage.

The purpose is to allow time to grieve, attend a funeral or memorial, make arrangements, and support family members. It’s a core entitlement under the National Employment Standards (NES), which sit alongside other entitlements like annual leave, personal/carer’s leave and Fair Work breaks.

Who Is Eligible And What Events Are Covered?

All employees-full‑time, part‑time and casual-are entitled to compassionate leave.

• Full‑time and part‑time employees: 2 days of paid compassionate leave per permissible occasion.
• Casual employees: 2 days of unpaid compassionate leave per permissible occasion.

The entitlement applies each time a qualifying event occurs.

Which relationships are covered?

“Immediate family” under the Fair Work Act includes a spouse or de facto partner, child, parent, grandparent, grandchild or sibling of the employee, and the same relatives of the employee’s spouse or de facto partner. Step and adoptive relationships are included. Household members are also covered.

What situations are covered?

• Death of an immediate family or household member.
• Life‑threatening illness or injury affecting an immediate family or household member.
• Miscarriage experienced by the employee, or by their spouse or de facto partner.

Depending on the circumstances, stillbirth will often be captured (for example, through the definition of death of a child), and other types of leave-like unpaid parental leave-may also be relevant. If you’re unsure which entitlement applies, it’s reasonable to seek advice before deciding.

How Much Leave Do Employees Get And Is It Paid?

Under the NES, eligible employees can take 2 days per permissible occasion. This can be:

• 2 consecutive days; or
• 2 separate days (for example, a funeral and later memorial); or
• another arrangement you both agree to (such as part‑days).

There is no annual cap-the entitlement refreshes whenever a new qualifying event occurs.

Paid vs unpaid

• Full‑time and part‑time employees are paid at their base rate for their ordinary hours they would have worked during the leave period.
• Casual employees are entitled to unpaid compassionate leave.

If your award, enterprise agreement, or contract provides more generous terms (for example, 3 or more days, or paid leave for casuals), those terms apply.

How does this interact with other leave?

Compassionate leave is separate from annual leave and personal (sick) leave. You shouldn’t require an employee to use other leave for a qualifying compassionate leave event.

However, if someone needs more time, you can discuss options like additional paid annual leave, unpaid leave, or temporary flexible work arrangements.

Notice, Evidence And Your Process

The law doesn’t prescribe a rigid application form. It does set out notice and evidence principles that you’ll want to incorporate in your process.

Notice

Employees must let you know they’re taking compassionate leave “as soon as practicable” and advise the expected length of the leave. This may be after the leave has started if the situation is sudden.

Evidence

You may ask for evidence that would satisfy a reasonable person that the leave is for a permissible occasion. Typical examples include a funeral notice, death notice, medical certificate, or a statutory declaration.

If you request reasonable evidence and the employee does not provide it, the NES entitlement may be refused. That said, approach requests with sensitivity and keep requirements proportionate to the circumstances. If you’re weighing up proof for sick leave in other contexts, the rules around sick days without a certificate are a useful comparator for what’s “reasonable”.

Set a clear, compassionate process

1. Make it simple to notify: allow verbal or written notice to a manager or HR, as soon as practicable.
2. Explain evidence expectations: outline the types of documents that are usually acceptable.
3. Record entitlements confidentially: keep a secure record of leave taken and evidence received.
4. Train your managers: ensure responses are prompt, empathetic and consistent.

It’s good practice to capture this in your Workplace Policy and your Employment Contract, so expectations are clear.

Practical FAQs For Employers

Can an employer refuse compassionate leave?

Where the NES criteria are met and reasonable evidence (when requested) is provided, you shouldn’t refuse the entitlement. If reasonable evidence is requested but not provided, entitlement can be refused.

Is there a minimum notice period?

No set period-notice just needs to be given as soon as practicable. Be flexible; sudden events can make early notice impossible.

Does it cover non‑family members?

The legal entitlement covers immediate family and household members, and miscarriage (as outlined above). You can choose to go beyond the minimum-e.g. for a close friend-via your policy or on a discretionary basis.

Do casuals get paid compassionate leave?

No. Casual employees are entitled to 2 days unpaid compassionate leave per occasion unless you provide a more generous benefit contractually or via policy.

What about religious or cultural practices?

There isn’t a blanket legal obligation to accommodate every religious or cultural request, but it’s best practice to consider reasonable requests (for example, additional annual leave or unpaid leave to attend ceremonies). Be consistent and fair, and document what you agree.

Policies, Culture And Going Beyond The Minimum

Following the NES is the baseline. Thoughtful policies and manager training make a big difference to how supported your people feel.

What to include in your policy

• Definitions: state who is covered and what events are covered (using the NES definitions).
• Entitlements: clarify paid vs unpaid rules, and how leave can be taken (consecutive days, separate days, part‑days).
• Notice and evidence: who to notify, when, and what evidence may be requested.
• Confidentiality: reassure staff that sensitive information will be handled discreetly.
• Flexibility: explain options for extra time off (annual leave, unpaid leave, short‑term flexibility) where appropriate.

When documenting confidentiality settings in your HR procedures, it helps to understand the difference between privacy and confidentiality and reflect both in your internal practices.

Train managers to respond with care

• Encourage empathy and quick responses-silence or delay adds stress.
• Offer practical flexibility around shifts, workloads and deadlines after a return to work.
• Share support options (e.g. EAP if you have one, or reputable external services).
• Keep records accurate and confidential.

From a compliance perspective, ensuring leave entitlements are applied fairly connects back to your broader duty of care as an employer and helps maintain a safe, respectful workplace.

Key Takeaways

• Bereavement leave in Australia is called compassionate leave under the Fair Work Act and sits within the NES.
• It applies when an immediate family or household member dies or has a life‑threatening illness or injury, and when the employee or their spouse/de facto partner has a miscarriage.
• Full‑time and part‑time employees receive 2 days paid leave per occasion; casuals receive 2 days unpaid leave per occasion.
• Employees must give notice as soon as practicable. If you reasonably request evidence and it isn’t provided, the entitlement can be refused.
• Set out a simple, sensitive process in your Workplace Policy and Employment Contract, including how to notify and what evidence is acceptable.
• Handle all information confidentially, be consistent, and consider reasonable flexibility for additional time off where needed.

If you’d like a consultation on making your bereavement leave settings clear and compliant-or you want help drafting tailored contracts and workplace policies-you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.