What Is Compassionate Leave?
Compassionate leave, sometimes referred to as bereavement leave, is an entitlement under the National Employment Standards (NES) in Australia. It allows employees to take time off work in compassionate circumstances, specifically when:
- A member of their immediate family or household dies.
- A member of their immediate family or household contracts or develops a life-threatening illness or sustains a life-threatening injury.
- A child in their immediate family or household is stillborn.
- The employee, or their current spouse or de facto partner, has a miscarriage.
This leave provides individuals with the necessary time to deal with grief, attend to urgent family matters, or offer support during difficult periods without impacting their employment status.
Eligibility and Entitlements
All employees covered by the national workplace relations system, including full-time, part-time, and casual employees, are entitled to compassionate leave from their first day of employment. The entitlement is per 'permissible occasion', meaning there's no limit to how many times an employee can take this leave in a year, provided a qualifying event occurs.
- Amount of Leave: Employees are entitled to 2 days of compassionate leave for each permissible occasion. This can be taken as:
- One continuous 2-day period.
- Two separate periods of 1 day each.
- Any other separate periods agreed upon between the employee and employer.
- Payment:
- Full-time and Part-time Employees: Are entitled to paid compassionate leave. They receive their base rate of pay for the ordinary hours they would have worked during the leave. This excludes additional payments such as overtime, penalty rates, or allowances.
- Casual Employees: Are entitled to 2 days of unpaid compassionate leave per occasion.
- Notice and Evidence: An employee taking compassionate leave must notify their employer as soon as practicable, which may be after the leave has started. They also need to inform the employer of the expected duration of the leave. Employers can reasonably request evidence to support the leave (e.g., a medical certificate, death or funeral notice, or a statutory declaration).
For more detailed information, refer to the Fair Work Ombudsman website.
Purpose and Impact
Compassionate leave serves a dual purpose:
- For Employees: It provides a mandated period of time off during highly distressing circumstances, allowing them to grieve, provide support, or attend to necessary arrangements without the immediate concern of losing pay (for permanent employees) or their job.
- For Employers: Adhering to compassionate leave entitlements ensures compliance with the National Employment Standards, reducing the risk of workplace disputes or penalties. It also contributes to a supportive workplace culture, potentially enhancing employee morale and loyalty during challenging times.
How to Manage Compassionate Leave with Microkeeper
Microkeeper's Workforce Management system includes features that facilitate the administration of compassionate leave:
- Leave Request System: Employees can submit requests for compassionate leave through their self-service portal (available via the employee app or web). They can specify the type of leave and attach any required evidence, which is then sent to managers for review and approval within the HR Software module.
- Timesheet and Payroll Integration: Approved compassionate leave periods are automatically recorded in employee timesheets. Microkeeper's Payroll Software is configured to correctly apply paid or unpaid entitlements as per NES guidelines, ensuring accurate calculations in pay runs. This is particularly relevant for diverse workforces in industries like Healthcare or Retail.
- Reporting: The system generates reports on various leave types, providing oversight of workforce attendance and aiding in compliance audits.
FAQs About Compassionate Leave
1. How many days of compassionate leave are employees entitled to?
Employees are entitled to 2 days of compassionate leave for each permissible occasion.
2. Is compassionate leave the same as sick leave?
No, compassionate leave is separate from sick and carer's leave (personal/carer's leave) and does not accumulate. It is available for specific compassionate circumstances as outlined in the NES.
3. Can an employer refuse a request for compassionate leave?
An employer cannot refuse compassionate leave if the employee meets the eligibility criteria and provides proper notice and evidence (if requested).
4. What is considered 'immediate family' for compassionate leave purposes?
Under the Fair Work Act, immediate family includes an employee's spouse or former spouse, de facto partner or former de facto partner, child, parent, grandparent, grandchild, sibling, or a child, parent, grandparent, grandchild or sibling of the employee's spouse or de facto partner.
Best Practices for Employers
- Develop Clear Policy: Establish a clear workplace policy on compassionate leave, outlining entitlements, notification procedures, and evidence requirements.
- Process Promptly: Handle compassionate leave requests with sensitivity and efficiency.
- Maintain Records: Accurately record all compassionate leave taken, including dates, reason, and payment status, to ensure compliance.
Final Thoughts
Compassionate leave is a fundamental entitlement that supports employees during times of personal difficulty while ensuring businesses comply with Australian workplace laws. Understanding and efficiently managing these provisions is a key aspect of responsible workforce management.
Disclaimer: This entry is intended for informational purposes only and does not constitute legal advice. For tailored guidance, contact the Fair Work Ombudsman or an employment law specialist.
