Australia’s 2025 Compassionate Leave: When life takes a tough turn—like losing a loved one or facing a serious family emergency—your job should be the least of your worries. That’s where compassionate leave comes in. In Australia, the rules around compassionate leave are clear, and in 2025, knowing your rights can help you take time off when you need it most. Whether you’re a full-time employee, a casual worker, or managing a team, this guide breaks it all down in plain English. We’ll cover payment amounts, who qualifies, how to apply, and what employers are legally required to do.
Australia’s 2025 Compassionate Leave
Compassionate leave in 2025 gives Australian workers the legal and emotional breathing space needed when tragedy strikes. Whether you’re taking care of a terminally ill loved one or mourning a loss, the law is on your side. It’s not just a rule—it’s a sign that Australia values empathy in the workplace. So whether you’re an employee, an HR manager, or a business owner, understanding this entitlement isn’t just helpful—it’s essential.
| Aspect | Details |
|---|---|
| Eligibility | All employees (full-time, part-time, and casual) under the National Employment Standards (NES) |
| Leave Entitlement | 2 days per qualifying event |
| Payment | Paid for full-time and part-time employees; unpaid for casuals |
| Leave Usage | As 2 consecutive days, 2 separate days, or agreed flexible arrangement |
| Covered Events | Death, life-threatening illness or injury, stillbirth, or miscarriage involving immediate family |
| Required Notice | As soon as practicable—can be after leave starts |
| Evidence Required | Medical certificate, death notice, or statutory declaration |
| Legal Source | Fair Work Ombudsman |
What Is Compassionate Leave?
Compassionate leave—also called bereavement leave—is your legal right to take time off work when someone close to you is seriously ill or has died. It’s part of Australia’s National Employment Standards (NES), meaning almost every employee is covered.
You’re entitled to this leave when dealing with:
- The death of an immediate family member or household member.
- A life-threatening illness or injury of a close family or household member.
- A stillbirth involving a family member.
- A miscarriage affecting you or your partner.
Who Qualifies?
The good news is: everyone’s covered. If you’re employed under Australia’s NES (which most people are), you’re eligible—even if you’re a casual worker. The difference lies in whether your leave is paid or unpaid.
Immediate family includes:
- Spouse or de facto partner
- Children (biological, step, adopted)
- Parents, grandparents
- Grandchildren, siblings
- Equivalent relatives of your spouse/de facto partner
This broad definition ensures coverage across diverse family structures and relationships.
How Much Compassionate Leave Can You Take?
You’re allowed 2 days of compassionate leave per eligible event. There’s no cap on the number of events—meaning if, unfortunately, you face multiple losses or emergencies in a year, your right to leave still applies for each one.
You can take the leave:
- As a single two-day block
- As two separate days
- Or in another arrangement agreed upon with your employer
Is Compassionate Leave Paid?
Yes, if you’re a full-time or part-time employee, you get paid your regular base rate for those days. Casual workers still get 2 days per occasion—but it’s unpaid.
The rate of pay is calculated on your base pay only, which means it doesn’t include bonuses, loadings, or overtime.
Note: Compassionate leave is not deducted from your sick leave or annual leave balances. It’s a separate legal entitlement.
Real-Life Example
Let’s say Sarah works full-time at a marketing agency. Her father suddenly suffers a heart attack and is hospitalized in critical condition. Sarah can inform her manager and take 2 days of paid compassionate leave to be with her family.
If she needs additional time off, she might discuss annual leave or unpaid leave with her employer.
Now imagine Jake, a casual retail assistant, loses his grandmother. He qualifies for 2 days unpaid compassionate leave, allowing him time to attend the funeral without risking his job.
How to Apply for the Australia’s 2025 Compassionate Leave?
- Notify your employer ASAP – Even if you’re in shock, a quick message or call is fine. It’s okay to officially request it after you’ve already started your leave.
- Provide evidence if asked – This might be:
- A medical certificate
- A death or funeral notice
- A statutory declaration
Employers can’t just deny your request unless the occasion doesn’t meet legal criteria or you refuse to provide reasonable evidence.
What’s New in 2025?
While the basic framework hasn’t changed significantly, the Fair Work Commission has reinforced compliance standards in 2025, including:
- Clearer definitions for immediate family.
- Employer obligations to record compassionate leave properly under payroll laws.
- New workplace audits targeting misuse or denial of statutory leave entitlements.
Compassionate Leave vs Other Leave Types
| Leave Type | Paid? | Reason | Accumulates? |
|---|---|---|---|
| Compassionate Leave | Yes (if not casual) | Death or illness of close family/household | No |
| Sick/Carer’s Leave | Yes | Personal illness or caring for someone | Yes |
| Annual Leave | Yes | Vacation, personal time | Yes |
| Unpaid Leave | No | Varies—must be approved | No |
Best Practices for Employers
For HR managers and business owners, here’s how to stay compliant:
- Have a clear leave policy that aligns with the NES.
- Train team leaders to handle sensitive requests respectfully.
- Ask for evidence if needed—but don’t overreach.
- Avoid retaliation or discrimination related to compassionate leave.
- Record leave accurately in payroll and time-off systems.
Impact on Small Businesses
Running a small team? Compassionate leave might feel like a disruption. But it’s not just about ticking a legal box—it’s about supporting your people during the worst times of their lives.
- Plan ahead by cross-training team members.
- Be open to flexible arrangements.
- Know that supporting employees builds loyalty and retention.
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FAQs: Compassionate Leave Australia 2025
Q: Can I take compassionate leave for a close friend?
A: Only if they live in your household or if your employer approves it. Legally, the leave is for “immediate family” or household members.
Q: What if I don’t have enough proof?
A: You’re only required to provide “reasonable evidence.” If a death notice isn’t available, a statutory declaration may suffice.
Q: Can I extend compassionate leave beyond 2 days?
A: Yes, but the extra time would need to come from annual leave, sick leave, or unpaid leave—unless your employer offers more generous policies.
Q: Does compassionate leave show on my payslip?
A: Yes. Employers must accurately record all types of leave taken.
