Every employee in Australia, including casuals, is entitled to 2 days of compassionate leave each time a member of their immediate family or household dies or develops a life-threatening illness or injury. Full-time and part-time employees are paid for it at their base rate; casual employees take it unpaid.
Compassionate leave is also called bereavement leave. It's a National Employment Standards entitlement, it doesn't come out of sick leave, and it isn't capped at a number of uses a year. Here's who it covers and how it works, from the Fair Work Ombudsman's guidance as it read in October 2026.
When you can take it
An employee can take compassionate leave each time:
- 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 injury;
- a baby in their immediate family or household is stillborn;
- they have a miscarriage; or
- their current spouse or de facto partner has a miscarriage.
The Fair Work Ombudsman defines a stillbirth as the birth of a baby that weighed at least 400 grams or reached at least 20 weeks' gestation but hasn't breathed or had a heartbeat since delivery, and a miscarriage as the loss of an embryo or foetus before 20 weeks.
Who counts as immediate family
| Counts as immediate family | Also counts |
|---|---|
| Spouse or former spouse | The immediate family of your spouse or de facto partner, current or former |
| De facto partner or former de facto partner | Members of your household |
| Child, parent, grandparent, grandchild, sibling | Other relatives if they live with you, or if your employer agrees |
Here's the part that surprises people. A former spouse counts, and so does a former partner's immediate family. And cousins, aunts and uncles aren't automatically excluded: the Fair Work Ombudsman says employees can take compassionate leave for them if they're a member of the household or if the employer agrees.
How the 2 days can be taken
- As a single continuous 2-day period.
- As 2 separate periods of 1 day each.
- As any separate periods agreed with the employer.
Compassionate leave doesn't accumulate, and it can be taken any time it's needed. If an employee is already on another type of leave, such as annual leave, when the death or illness happens, they can switch to compassionate leave for those days instead of using up the other leave.
How it's paid
| Employee type | Paid? | Rate |
|---|---|---|
| Full-time | Yes | Base pay rate for the ordinary hours they would have worked |
| Part-time | Yes | Base pay rate for the ordinary hours they would have worked |
| Casual | No | Unpaid, but the leave itself is protected |
The base rate excludes incentive payments and bonuses, loadings, monetary allowances, overtime and penalty rates. So a worker who'd normally be rostered on a weekend with penalty rates is paid the base rate for those hours, not the penalty rate.
Notice and evidence
An employer can ask for evidence of the reason for compassionate leave, for example a death or funeral notice or a statutory declaration. The request has to be reasonable. If the employee doesn't give the notice or evidence requested, they may not get the leave. Most employers ask gently and accept what's easy to provide, which is the right approach at a hard time.
How it fits with other leave
- It's separate from sick and carer's leave, so it doesn't reduce that balance.
- If a family member is seriously ill but not life-threateningly so, paid carer's leave from the sick leave balance is usually the right leave instead.
- Awards, agreements and contracts can give more than 2 days, never less.
See my guide to bereavement leave for how the rules compare in other countries, and the National Employment Standards for the other minimum entitlements.
A checklist for employers
- Approve the leave each time an eligible event happens. There's no yearly cap on occasions.
- Pay full-time and part-time staff at their base rate for the ordinary hours they'd have worked, without loadings or penalty rates.
- Record casual compassionate leave as unpaid leave rather than turning it down.
- Don't deduct it from sick and carer's leave or annual leave.
- If the employee is already on annual leave, let them convert those days to compassionate leave.
- Ask only for reasonable evidence, such as a funeral notice or a statutory declaration.
- Agree on split days if the employee needs them, for example one day now and one for the funeral.
Getting this right matters beyond compliance. People remember how an employer treated them in a bereavement long after the payroll detail is forgotten.
My verdict
Two days is a legal floor, not a sensible ceiling, and it's per occasion, so it isn't used up by an earlier loss in the same year. If you employ people, put the rules in writing, remember casuals are entitled to the time off unpaid, and keep evidence requests light.
Want AI doing the heavy lifting in your marketing?
I build the systems that handle the boring 80 percent, so you get your week back. Done properly, with the human kept in.
Time off for your own illness runs from a different balance, which sick leave explains.
Frequently asked questions
How many days of compassionate leave do you get in Australia?
2 days each time an eligible event happens, such as the death or life-threatening illness of an immediate family or household member.
Do casual employees get compassionate leave in Australia?
Yes, but it's unpaid. Full-time and part-time employees are paid at their base pay rate.
Can I take compassionate leave for a cousin or aunt?
Yes, if they're a member of your household or your employer agrees, according to the Fair Work Ombudsman.
Is miscarriage covered by compassionate leave in Australia?
Yes. An employee can take compassionate leave if they have a miscarriage, or if their current spouse or de facto partner has one.
Can I switch from annual leave to compassionate leave?
Yes. If you're already on another type of leave, such as annual leave, when an eligible event happens, you can take compassionate leave instead for those days.
Can compassionate leave be split into separate days?
Yes. It can be taken as one continuous 2-day period, as 2 separate days, or as any separate periods agreed with the employer.
Who counts as immediate family for compassionate leave?
A spouse or former spouse, de facto partner or former de facto partner, child, parent, grandparent, grandchild or sibling, plus the immediate family of a spouse or partner.
Does compassionate leave come out of sick leave?
No. Compassionate leave is a separate entitlement and doesn't reduce your sick and carer's leave balance.
