What is compassionate leave? #
Compassionate leave is paid leave you can take when someone close to you dies or is seriously unwell. Sometimes compassionate leave is referred to as bereavement leave.
When can I take it? #
You can take compassionate leave when a member of your immediate family or household:
- dies, or
- has an illness or injury that poses a serious threat to their life.
Who counts as “immediate family or household member”? #
Immediate family includes your domestic partner (or former partner); your or your partner’s child or adult child, parent, grandparent, grandchild or sibling.
Immediate family includes a person related to you through Aboriginal or Torres Strait Islander kinship structures; and adopted children or children in a permanent caring arrangement. It includes step-children, fostered children, or ex-nuptial immediate family.
A household member is anyone else living with you at your normal place of residence at the time of their illness, injury, or death.
If your situation doesn’t fit neatly into the categories above, the employer can extend the definition in exceptional circumstances. Contact the AEU for support with this.
How many days can I access? #
- Up to 5 days each time an immediate family or household member dies.
- Up to 2 days each time an immediate family or household member has a life-threatening illness or injury.
It’s per occasion, not a yearly cap, and it’s available from your first day of work. It doesn’t accumulate and it’s not paid out upon leaving the ACTPS.
If you need more time, the head of service can grant extra leave, paid or unpaid. You will need to explain your circumstances and reasons for the extra leave. The AEU can help you out with this.
Will I be paid? #
For all employees other than casuals, yes. Compassionate leave is paid at what you would have usually earned during the time you’re away (your base rate plus relevant allowances for the hours you would have worked). It counts as service for all purposes.
Casual employees can access unpaid compassionate leave – other than pay, it is the same entitlement.
Do I need to provide evidence? #
You should let your manager know as soon as you can when you intend to access this leave and make an application.
The employer can ask for evidence that a reasonable person would accept for the purpose you’ve claimed. This could include a death or funeral notice in the case of a death, or a medical certificate in the case of illness or miscarriage. It can also take the form of a stat dec if these aren’t available.
What if I’m already on other leave? #
If a family member dies or becomes seriously ill while you’re on another type of leave (say, annual leave), and you’re granted at least one day of compassionate leave, that other leave gets re-credited for those days.
Does compassionate leave apply in cases of miscarriage/ pregnancy loss or stillbirth? #
Yes, but often it isn’t the main form of leave you’re entitled to.
If your child is stillborn, or you experience pregnancy loss within 20 weeks of your due date, you’re entitled to the full amount of paid birth leave that you would have otherwise taken, which for eligible employees is 24 weeks paid. If your partner experiences stillbirth or pregnancy loss within 20 weeks of their due date, you are entitled to 5 days of compassionate leave.
This can be confusing and it’s a lot to navigate through a difficult time. You can contact the AEU office and we can help you access the leave you need – we’re here to help.