
When Can You Take Compassionate Leave?
Under the National Employment Standards (Fair Work Act s 104) you can take compassionate leave when:
- a member of your immediate family or household dies, or contracts or develops a life-threatening illness or injury;
- a baby in your immediate family or household is stillborn; or
- you, or your current spouse or de facto partner, have a miscarriage.
Each of these is a separate occasion with its own 2 days. If you are already on annual leave or another type of leave when it happens, you can switch to compassionate leave for those days.
Who Counts as Immediate Family?
| Relationship | Compassionate leave? |
|---|---|
| Spouse, former spouse, de facto or former de facto partner | Yes |
| Child, parent, grandparent, grandchild, sibling | Yes |
| The same relatives of your spouse or de facto partner | Yes |
| Step-relations and adoptive relations | Yes |
| Anyone who lives in your household | Yes |
| Aunt, uncle or cousin (not in your household) | Only if your employer agrees |
Fair Work Ombudsman, compassionate and bereavement leave, read 24 September 2026.
How Compassionate Leave Is Paid
Full-time and part-time employees are paid at their base pay rate for the ordinary hours they would have worked during the leave. Incentive payments, bonuses, loadings, monetary allowances, overtime and penalty rates are left out, so a rostered Saturday is paid at the base rate, not the Saturday rate. On a 38-hour, 5-day week that is 2 days of 7.6 hours: at $32 an hour, $486.40 before tax. Casual employees take the same leave unpaid. Compassionate leave can’t be cashed out.
Check the leave and its pay on your payslip. Your award or enterprise agreement may give extra days or pay; check yours with our enterprise agreement guide.
Notice and Evidence
Tell your employer as soon as you can (this can be after the leave has started), including how long you expect to be off. Your employer can ask for evidence, such as a death or funeral notice or a statutory declaration, but the request has to be reasonable. If you don’t give the notice or evidence asked for, you may not get compassionate leave.
Compassionate Leave vs Sick and Carer’s Leave
| Compassionate leave | Sick and carer's leave | |
|---|---|---|
| How much | 2 days per occasion | 10 days a year (full-time), pro rata part-time |
| Builds up over time? | No | Yes, and carries over |
| Casuals | Unpaid | Unpaid carer's leave only (2 days per occasion) |
| Used for | Death, life-threatening illness or injury, stillbirth, miscarriage | Your own illness or injury, or caring for family |
If someone close to you is seriously ill but the illness isn’t life-threatening, the leave to care for them is carer’s leave, which comes out of your sick leave balance.
Family and Domestic Violence Leave
Separately, every employee, including casuals, can take 10 days of paid family and domestic violence leave each year if they are experiencing family and domestic violence. The full 10 days is available from your first day, resets on your work anniversary and doesn’t accumulate. It is standalone leave: it doesn’t come out of sick, annual or compassionate leave. The Fair Work Ombudsman explains how it is paid and the notice rules. For support, call 1800RESPECT on 1800 737 732.
Related Calculators and Guides
- Sick Leave Calculator: personal/carer’s leave balance
- Annual Leave Guide: four weeks a year
- Paid Parental Leave: government Parental Leave Pay
- Long Service Leave Calculator: by state
Frequently Asked Questions
Compassionate leave questions and answers
How many days of compassionate leave do you get in Australia?
2 days each time you meet the criteria, under the National Employment Standards. There is no yearly limit: a new 2 days applies to each death, life-threatening illness or injury, stillbirth or miscarriage. You can take it as one 2-day block, two single days, or other periods your employer agrees to.
Is compassionate leave paid?
Yes for full-time and part-time employees, at their base pay rate for the ordinary hours they would have worked. Casual employees get the same 2 days, but unpaid. Bonuses, loadings, allowances, overtime and penalty rates aren't included in the pay.
Is bereavement leave the same as compassionate leave?
Yes. The Fair Work Ombudsman says compassionate leave is also known as bereavement leave. It covers a death in your immediate family or household, and also a life-threatening illness or injury, a stillbirth and a miscarriage.
Can I take compassionate leave for a grandparent, aunt or cousin?
A grandparent, yes: grandparents are immediate family, as are your partner's grandparents. Aunts, uncles and cousins are not, so you can only take compassionate leave for them if they live in your household or your employer agrees.
Does compassionate leave come out of sick leave?
No. Compassionate leave doesn't accumulate and isn't part of your sick and carer's leave. If you are already on another type of leave, such as annual leave, when you need it, you can take compassionate leave instead of that leave.
What proof do I need for compassionate leave?
You must tell your employer as soon as you can, which may be after the leave has started. Your employer can ask for reasonable evidence, such as a death or funeral notice or a statutory declaration. If you don't give requested notice or evidence, you may not get the leave.
What is family and domestic violence leave?
A separate entitlement: 10 days of paid family and domestic violence leave each year for every employee, including casuals. The full 10 days is available immediately, resets on your work anniversary and doesn't build up from year to year.
How we worked this out▼
Compassionate leave pay = base hourly rate × ordinary hours you would have worked each day × days taken (up to 2 per occasion). Casuals: $0, because the NES leave is unpaid for them. The worked example uses 7.6 hours a day (a 38-hour, 5-day week).
Rules are the National Employment Standards as the Fair Work Ombudsman states them, read 24 September 2026. Your award, enterprise agreement or contract can give more. General information, not advice.
Sources & References
- 1Compassionate and bereavement leave— Fair Work Ombudsman
- 2Sick and carer's leave and compassionate leave fact sheet— Fair Work Ombudsman
- 3Family and domestic violence leave— Fair Work Ombudsman
- 4Fair Work Act 2009, sections 12, 16 and 104–106— Federal Register of Legislation
Last verified: 24 September 2026. Our content is based on the latest information from official Australian government sources.
Anita Bell
AuthorFounder & Senior Bookkeeper
Accountancy degree (2015); certified in Xero, QuickBooks Online, MYOB, Saasu, Zoho and Reckon One
Anita Bell earned her accountancy degree in 2015 and has worked as a senior bookkeeper with Prime Bookkeeping for over 5 years. This built her skills in Australian and New Zealand tax legislation and industry regulations. She is certified in Xero, QuickBooks Online, MYOB, Saasu, Zoho and Reckon One, and works with payroll and rostering software including Gusto, Deputy, Tsheets and KeyPay. She has strong experience in hospitality, building and construction, financial services, real estate, ecommerce, and medical and health services.
Areas of Expertise