Bereavement leave explained
Dealing with the loss, injury or illness of a loved one is never easy. For times when such matters require your full attention, you are entitled to paid bereavement leave – time off from work without losing income.
Bereavement leave, also known as compassionate leave, is offered as a separate leave entitlement, supporting employees who are going through challenging circumstances. Bereavement leave in Australia is a mandatory entitlement, with some companies offering additional days of leave on top of what the government guarantees workers.
In this article, we cover what bereavement leave is and how you can approach it as an employee.
What is bereavement leave?
If a loved one has passed away, or is seriously sick or injured, you can take bereavement leave. Meaning, you can take paid time off work.
Some situations that qualify for compassionate leave include:
- The death of loved one
- An unexpected serious injury or illness
- Miscarriage and stillbirth
Unlike other types of leave such as annual leave or sick/carer's leave, compassionate leave doesn’t accrue over time and there is no limit on the number of times you can take it. You are eligible for a new period of bereavement leave every time you meet the criteria. That means it can be requested more than once and at any time during your employment.
How many days for bereavement leave in Australia?
In Australia, you’re entitled to two days of compassionate leave each time you have an event that meets the criteria. You also don’t need to take the two days off in a row, giving you more flexibility to use those days to suit your circumstances.
There is also the option to take another type of leave, like annual leave, in addition to the bereavement leave.
The two-day leave entitlement stays the same, no matter how closely related you are to the person, like:
- Parents
- Siblings
- Current (or ex) partner or spouses
- Children
- Grandparents
- Grandchildren
- Immediate family of your partner or spouse (e.g. father in law)
- Step parents
- Stepchildren
- Adoptive relatives
You can also use compassionate leave for cousins, aunts and uncles if you live in the same household or if your employer allows you to take leave in those instances. Some companies will offer more than the mandatory two days of bereavement leave or have different rules about which instances you can use the leave for.
Who qualifies for bereavement leave?
All employees qualify for bereavement leave. However, there are some differences in how the leave works.
If you’re a full-time or part-time employee, it’s paid leave at your usual base rate for the hours you would usually have worked that day. This doesn’t include extra salary payments like overtime, penalty rates, bonuses or loadings. Bereavement leave is still offered to casual employees, however it is unpaid.
An employer may ask you for reasonable proof (death certificate, medical documents, funeral notice,statutory declaration, etc.) – if you’re required to provide this and you don’t, your leave may be denied.
Navigating bereavement leave as an employee
How you request bereavement leave can change depending on your company’s policies. However, here are some general tips on how to take bereavement leave.
How to request bereavement leave: A step-by-step guide
- Refer to your company’s policy: your company should have a process for requesting bereavement leave – read this to confirm how many days you’re entitled to (at least two paid days for full-time workers), if documentation is required, and if there is an established way of requesting the leave.
- Communicate your situation: talk privately with your manager or HR contact as soon as possible. Tell them about your situation (whatever you’re comfortable sharing), that you intend to take bereavement leave, and on what days.
- Plan for your absence: Provide your manager or team with any information they might need to take care of your responsibilities while you’re away. This could mean passwords, documents, keys, tools and equipment, client contact details, or any item essential for your work.
Managing bereavement leave requests as a team leader
If you’re a team leader or manager, you may have to handle bereavement leave requests. You may have had specific training on dealing with compassionate leave, here are some simple steps:
- Acknowledge the request as soon as possible. If you talk to the employee directly, do so in private to ensure they’re comfortable.
- Ensure that your response complies with the relevant legal requirements and company policies regarding bereavement leave.
- Show empathy and understanding, optionally providing access to any Employee Assistance Program (EAP) counselling services.
How to extend bereavement leave in Australia
If you feel you need more than two days of bereavement leave, you may be able to extend it with other types of leave. In this situation, talk to your employer about options that may include taking annual leave days or unpaid leave.
Some reasons that might warrant extended bereavement leave:
- Situations that involve interstate or international travel
- Cultural or religious customs that require mourning periods or extended time off work.
- Complex family situations
- Dealing with legal matters or disputes
If you do need to take extended leave, you may need to work with your employer to help manage your workload while you’re away. You may also want to ask about additional support like counselling and flexible working options.
Returning to work after bereavement
Returning to work after taking time off for bereavement can be challenging, but your employer may offer resources for support.
Transition strategies for returning employees
If you’re an employee returning to work, here are some suggestions for easing back into the workplace:
- Take it slow: avoid putting pressure on yourself to work at full capacity straight away if you feel you are unable to.
- Counselling: reach out to an Employee Assistance Program provider for support.
- Peer support: if you feel comfortable sharing your situation, it may be helpful to lean on coworkers.
Manager support: returning to work after bereavement leave
If you’re a manager or team leader, there are things you can do to help a team member adjust to being back at work. This includes:
- Communicate: keep the lines of communication open with your team member and be mindful of cases where they may need additional support.
- Flexible work arrangements: offer flexible work arrangements, such as reduced hours or working from home for a specific period of time.
- Supportive environment: provide support through showing empathy, maintaining your team member’s privacy, exempting them from any team activities, listening to any concerns, and generally showing compassionate leadership.
Bereavement leave is a mandatory entitlement in Australia: two paid days off for full-time workers, that do not have to be taken consecutively. Some companies offer additional days of leave on top of this amount. As an employee, it’s important to let your employer know as soon as you intend to take bereavement leave, following your company’s policies and procedures. Be aware that your employer can reasonably ask for documentation as evidence. If you need more than two days off, you can request to use any accrued annual leave or take unpaid leave to extend your time away.
FAQ
How does bereavement leave work?
Bereavement leave works by offering employees leave if a member of your immediate family or household dies or is impacted by a life threatening illness or injury. It also covers miscarriage and stillbirth. You must let your employer know as soon as possible and inform them of which days you intend to be away. You may be asked for documentation, and if you don’t provide it, your employer may deny your request for paid leave.
What is the typical duration of bereavement leave?
The typical duration of bereavement leave is two paid days. Your employer may offer more, either paid or unpaid. You can extend your leave by requesting to add accrued annual leave or other leave types you’re entitled.
Can I take bereavement leave for non-immediate family members?
Yes, you can take bereavement leave for non-immediate family members if they are a member of your household, or if your employer agrees to the leave.
Is bereavement leave paid or unpaid?
If you’re a full-time or part-time worker, then bereavement leave is paid leave, at your standard base rate, for the hours you would have usually worked on those days. Casual workers can still take bereavement leave, however it is unpaid.
How many days of bereavement leave in Australia?
In Australia, all employees are entitled to two days bereavement leave as a mandatory entitlement. However, this may vary depending on the workplace and their policies.
Can bereavement leave be extended?
Yes, you can extend bereavement leave if your employer approves it – this may be done by taking other leave types such as unpaid, sick/carer’s, or annual leave.
What happens if I need more time off than my bereavement leave allows?
If you need more time off than your bereavement leave allows, speak to your employer about your options. They may offer more time off, unpaid time off, flexible working options or reduced hours.
Do all companies offer bereavement leave?
Yes, bereavement leave is a mandatory entitlement all employers have a legal obligation to offer to employees. Some companies offer bereavement leave in addition to the government-mandated two days, so it’s best to check your workplace bereavement leave policy or ask your manager.
Can I use sick leave instead of bereavement leave?
Yes, you can take sick leave if you have accrued sick days, however, your employer may limit sick and carer’s leave days, whereas bereavement leave is uncapped and can be used for every qualifying situation. If you need more than two days’ paid leave, you may be able to use accrued sick leave to extend it.
Are part-time employees eligible for bereavement leave?
Yes, like full-time employees, part-time employees are eligible for two days paid bereavement leave per qualifying instance.