Compassionate leave in Australia — your rights when someone dies

When a family member dies, you are legally entitled to take time off work in Australia. This guide explains exactly what you are entitled to, who qualifies, how to request leave, and what to do if you need more time than the minimum.

What is compassionate leave in Australia?

Compassionate leave — also called bereavement leave — is a protected entitlement under the National Employment Standards (NES) in the Fair Work Act 2009. It applies to all employees covered by the national workplace relations system.

You are entitled to compassionate leave when a member of your immediate family or household:

• Dies
• Contracts or develops a life-threatening illness or injury
• In the case of miscarriage or stillbirth

How many days are you entitled to?

Under the NES, all employees are entitled to 2 days of compassionate leave per occasion. There is no annual cap — multiple qualifying events each give you 2 days. Some modern awards and enterprise agreements provide more — always check your specific award or agreement.

Is compassionate leave paid?

• Full-time and part-time employees — paid at your base rate of pay for ordinary hours. This excludes overtime, penalty rates and bonuses.
• Casual employees — entitled to take 2 days unpaid. Casuals cannot be penalised for taking compassionate leave.

Who counts as immediate family?

Under the Fair Work Act, immediate family includes your spouse or de facto partner (including same-sex partners), children, parents, grandparents, grandchildren and siblings — plus the same relatives of your spouse or de facto partner. Household members — people who live with you — are also covered even if they are not a blood relative.

How to request compassionate leave

Notify your employer as soon as practicable. Your employer may request reasonable evidence — a death certificate, funeral notice, obituary or statutory declaration. If the death certificate is not yet available, a funeral notice or statutory declaration is generally acceptable as interim evidence.

What if you need more than 2 days?

• Discuss additional paid leave with your employer — many grant extra days for close family
• Use accrued annual leave
• Use personal or sick leave if your own health is affected by grief
• Request unpaid leave by agreement

If you are already on annual leave when the death occurs, you can switch those days to compassionate leave — preserving your annual leave balance.

Can your employer refuse?

Under the Fair Work Act, your employer cannot refuse your entitlement to the 2 days. If you are wrongly denied compassionate leave, contact the Fair Work Ombudsman on 13 13 94 or at fairwork.gov.au.

Compassionate leave for terminal illness

If a family member is diagnosed with a life-threatening illness, you are entitled to compassionate leave to spend time with them — before death. The 2-day entitlement applies per occasion, and again when death occurs.

Planning ahead for estate administration

Beyond your immediate leave entitlement, estate administration in Australia typically takes 6 to 12 months. Families must notify banks, super funds, government agencies and dozens of other organisations — a process involving formal letters and hours of follow-up.

WithPassage helps reduce this burden by generating personalised bereavement letters, sending them directly to providers, and tracking every response — so you spend less time on paperwork during an already difficult time.