Insight
Bereavement and Compassionate Leave in Australia
21 Sep 2026
In short
In Australia, bereavement leave is called compassionate leave. Under the National Employment Standards, employees are entitled to 2 days of compassionate leave per occasion — paid for permanent employees, unpaid for casuals — when an immediate family or household member dies or suffers a life-threatening illness or injury, or when a miscarriage or stillbirth occurs.
Next step: Writing or reviewing a leave policy? See employment law or our guide to the National Employment Standards.
Australian employers routinely search for "bereavement leave" and find nothing in the legislation. That is because the Fair Work Act calls it compassionate leave, and the entitlement is narrower than most people assume — 2 days per occasion, not an annual bank of days.
What is compassionate leave?
Compassionate leave (also called bereavement leave) is a National Employment Standard under section 104 of the Fair Work Act 2009 (Cth). An employee is entitled to 2 days of compassionate leave for each occasion where:
- a member of the employee's immediate family or household dies, or contracts or develops a life-threatening illness or injury;
- a child would have been born to the employee, their spouse or de facto partner but for a stillbirth;
- the employee, their spouse or de facto partner has a miscarriage; or
- the employee or their spouse or de facto partner is the intended parent under a surrogacy arrangement and the child is stillborn or dies.
Paid or unpaid?
| Employee type | Entitlement | Payment |
|---|---|---|
| Full-time | 2 days per occasion | Paid at base rate for ordinary hours in that period |
| Part-time | 2 days per occasion | Paid at base rate for the ordinary hours the employee would have worked |
| Casual | 2 days per occasion | Unpaid |
Compassionate leave does not accrue and does not carry over. It is available whenever a qualifying occasion arises, from the first day of employment — including during a probation period.
How the leave can be taken
The 2 days can be taken as a single continuous two-day period, as two separate single days, or in any other period the employee and employer agree — including part-days. The leave must be taken in connection with the qualifying event, but it does not have to be the day of the death or the funeral.
Who counts as immediate family?
Under the Act, immediate family means the employee's spouse or former spouse, de facto partner or former de facto partner, child, parent, grandparent, grandchild or sibling — and the child, parent, grandparent, grandchild or sibling of the employee's spouse or de facto partner. It also extends to members of the employee's household, which can capture relationships the list does not, and to traditional kinship relationships for Aboriginal and Torres Strait Islander employees where the award or agreement provides.
The statutory definition is narrower than many family structures. If an employee needs time off for the death of someone outside that definition — a cousin, a close friend, an in-law beyond the listed relationships — the NES entitlement does not apply, and the employer may need to consider annual leave, unpaid leave or a discretionary policy entitlement.
Notice and evidence
An employee must notify the employer as soon as practicable, which may be after the leave has started, and advise the expected period. The employer may require reasonable evidence — a death notice, funeral notice, statutory declaration or medical certificate. What is "reasonable" depends on the circumstances, and demanding intrusive documentation during a bereavement is both poor practice and a source of disputes. Keep the requirement proportionate and apply it consistently.
Compassionate leave vs other leave types
| Leave type | Entitlement | Trigger |
|---|---|---|
| Compassionate (bereavement) leave | 2 days per occasion, paid for permanent employees | Death or life-threatening illness of immediate family/household; stillbirth or miscarriage |
| Personal/carer's leave | 10 days a year, accruing | Employee's own illness or injury, or caring for immediate family/household member who is ill, injured or has an unexpected emergency |
| Unpaid carer's leave | 2 days per occasion | Where paid personal/carer's leave is exhausted, or for casuals |
| Family and domestic violence leave | 10 days a year, paid, including casuals | Dealing with the impact of family and domestic violence |
| Parental leave | Up to 12 months unpaid, plus right to request 12 more | Birth or adoption; also available following stillbirth or infant death |
Following a stillbirth or the death of a child under 24 months, an employee may be entitled to take parental leave rather than compassionate leave — a significantly larger entitlement. Employers should not assume compassionate leave is the only option.
Awards, agreements and policies
Modern awards and enterprise agreements can provide more generous bereavement entitlements than the NES, and many do. Employer policies commonly add extra paid days, extend the definition of family, or provide travel time for interstate or overseas funerals. Anything in a policy that is promised in clear terms can become contractually binding, so draft carefully: state whether the additional entitlement is discretionary, and whether it is in addition to or inclusive of the NES 2 days.
Frequently asked questions
How much bereavement leave am I entitled to in Australia?
Two days of compassionate leave per occasion. It is paid for full-time and part-time employees and unpaid for casuals. An award, agreement or employer policy may provide more.
Is bereavement leave paid in Australia?
Yes for permanent employees, at their base rate of pay for the ordinary hours they would have worked. Casual employees receive the same 2 days but unpaid.
Does compassionate leave accrue?
No. It does not accumulate and does not carry over. It is available each time a qualifying occasion arises, including in the first week of employment.
Can an employer refuse compassionate leave?
An employer cannot refuse a valid entitlement where the qualifying circumstances exist and notice and reasonable evidence requirements are met. Refusing it, or taking adverse action because an employee exercised the entitlement, exposes the employer to penalties and a general protections claim.
Does compassionate leave cover a grandparent or a friend?
A grandparent is within the statutory definition of immediate family. A friend is not, unless they are a member of the employee's household. Beyond that, the employee would need to use annual leave, unpaid leave, or a more generous policy or award entitlement.
Need your leave policies reviewed?
Leave entitlements are where well-meaning policies quietly create binding obligations. Contact Envision Legal for a fixed-fee review of your employment contracts and leave policies against the NES and any applicable award.
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