In times of personal crisis, compassionate leave allows Australian employees to take necessary time off to cope with the death or serious illness of a loved one. In 2025, the entitlement remains a key component of the National Employment Standards (NES), designed to support emotional wellbeing and allow individuals to manage their responsibilities without compromising job security. This form of leave reflects the government’s commitment to employee welfare during some of life’s most difficult moments.
Who Is Entitled to Take Compassionate Leave?
All employees in Australia whether full-time, part-time, or casual are eligible for compassionate leave. However, the conditions differ based on employment status. Full-time and part-time workers receive two days of paid leave per occasion. Casual workers, while entitled to the same duration of leave, will not receive payment. This system ensures that everyone has access to time off in distressing circumstances, even if financial compensation varies. The law is designed to be inclusive, regardless of contract type.
What Circumstances Allow You to Take Leave?
Compassionate leave may be taken when a member of an employee’s immediate family or household dies or suffers a life-threatening illness or injury. It also applies in the unfortunate event of a stillbirth or miscarriage affecting the employee or their partner. The definition of “immediate family” under the Fair Work Act is broad, covering spouses, children, parents, siblings, grandparents, grandchildren, and equivalent relatives of a de facto partner. This inclusive definition ensures that individuals can grieve and support not only their own families but also their partner’s loved ones.
How the Leave Is Structured and Paid
The entitlement allows for two days of leave per occasion, with flexibility on how the leave is taken. Employees may choose to take two consecutive days, two separate days, or any arrangement agreed upon with their employer. Full-time and part-time workers are paid their base rate for the hours they would normally work. This rate does not include additional loadings such as overtime or bonuses. On the other hand, casual employees receive unpaid leave, although some employers may choose to offer additional support through internal policies.
How to Request Compassionate Leave
To take compassionate leave, employees must notify their employer as soon as practicable. The notification should include the reason for the leave and the expected duration. In some cases, employers may ask for supporting documentation, such as a death certificate, funeral notice, or a medical certificate stating the severity of the illness. Providing this evidence promptly helps ensure a smooth approval process and strengthens trust between employers and employees during sensitive times.
Does Compassionate Leave Affect Other Leave Balances?
Compassionate leave is separate from other leave entitlements. It does not reduce balances from personal/carer’s leave, annual leave, or any other accrued leave. Employees are entitled to compassionate leave as often as necessary, provided each occasion meets the outlined criteria. This ensures that workers can manage repeated or ongoing family crises without impacting their long-term leave balances or financial planning.
Thoughts on Employee Rights in 2025
Compassionate leave remains a vital safeguard for Australian employees in 2025. It recognizes the reality that work and personal life are often intertwined, especially during times of grief or crisis. With clear guidelines on eligibility, payment, and notification, the system aims to reduce stress during emotional hardship. For the most up-to-date and official information, employees are encouraged to consult the Fair Work Ombudsman, ensuring they understand their rights and entitlements under the law.
