Bereavement Leave: What Employers Need to Know
Navigating bereavement leave is one of the most sensitive areas of HR. For employers, it’s about more than just compliance – it’s about responding with empathy while protecting the business. In Australia, bereavement leave (also known as compassionate leave) is covered under the National Employment Standards (NES). In this guide, we break down what your business needs to know: from entitlements to policy documentation and proof requirements.
What is Bereavement Leave?
Bereavement leave is a type of leave that employees can take when a close family or household member passes away or suffers a life-threatening illness or injury. It allows them time to grieve, make arrangements, and support loved ones. Under Australian law, this leave is also referred to as compassionate leave, and the terms are used interchangeably in most employment contexts.
How Many Days of Bereavement Leave Are Employees Entitled To?
Employees covered by the National Employment Standards are entitled to:
- 2 days of leave per occasion
- The leave can be taken as a single block or separate days as needed
There is no annual limit to the number of bereavement leave instances – the entitlement applies per occasion of a death or serious illness in the immediate family or household.
Who is Considered Immediate Family or Household?
The NES defines immediate family as:
- A spouse or de facto partner
- A child, parent, grandparent, grandchild or sibling
- The same relatives of a spouse or de facto partner
This includes step-relatives (e.g., step-parents) and in-laws. Additionally, someone who lives with the employee in the same household, even if not a family member, may also qualify.
Is Bereavement Leave Paid?
Whether bereavement leave is paid depends on the employee’s classification:
| Employee Type | Paid Leave |
|---|---|
Full-Time |
Yes |
Part-Time |
Yes |
Casual |
No (unpaid) |
Employers must pay the base rate for the ordinary hours the employee would have worked, excluding bonuses, overtime, or penalties.
Can Employers Ask for Proof?
Yes. Under the Fair Work Act, employers have the right to request reasonable evidence that the leave is being taken for a legitimate reason. This may include:
- A death certificate
- A funeral notice
- A statutory declaration
- A medical certificate (in case of life-threatening illness)
Employers can withhold payment until appropriate evidence is provided, but this should be handled with discretion and sensitivity.
Should You Have a Bereavement Leave Policy?
Even though bereavement leave is legally covered, having a clear internal policy helps ensure consistency, protect your business, and guide managers during difficult situations. A good policy should outline:
- Eligibility criteria
- Evidence requirements
- Notification procedures
- Contact expectations during leave
- Cultural sensitivity considerations
Need a policy template? Contact Liquid HR for custom HR documentation tailored to your business size and industry.
Frequently Asked Questions
How many days is bereavement leave in Australia?
Employees are entitled to 2 days per occasion of bereavement or compassionate need, as outlined in the National Employment Standards.
Is bereavement leave paid or unpaid?
Full-time and part-time employees receive paid bereavement leave. Casual employees can take unpaid leave.
Who qualifies as immediate family for bereavement leave?
Immediate family includes a spouse, child, parent, grandparent, grandchild, or sibling, including step-relatives and the same relatives of a de facto partner or spouse.
Can employers ask for proof?
Yes. Employers can request reasonable evidence such as a death certificate, obituary, or statutory declaration to support the leave request.
What if more time off is needed?
Employees may request additional leave (e.g., annual or unpaid leave) at the employer’s discretion. It’s best to approach these situations with empathy and flexibility.
Need Help Managing Leave Policies?
Bereavement leave is just one part of a complex leave landscape in Australia. If you’re unsure whether your policies meet legal standards, or if you’re simply looking to streamline how you handle employee absences, we’re here to help.
Book a free consultation with the Liquid HR team to ensure your HR policies are both compliant and compassionate.
