Are you eligible for bereavement leave?

The loss of a loved one is a challenging time for the person affected. In this Legal Kitz blog, we will explore what bereavement leave is and the procedure involved in being granted this type of leave.

What is bereavement leave?

In Australia, bereavement leave refers to a paid leave that employees can utilise in an instance wherein they have experienced the loss of close friend, family member, spouse or child. The purpose of the given time is to allow employees to process and come to terms with their loss, and have a chance to grieve. 

Based on company bereavement leave policies, employers may take additional measures to ensure that the employee is well supported within a sensitive time. Both part-time and full-time employees are eligible for paid bereavement leave, which typically is 2 days leave. Casual workers however, are only entitled to unpaid leave.

What is the difference between compassionate and bereavement leave?

In some countries, compassionate leave and bereavement leave refer to two different things. However, in Australia, these terms are often used interchangeably. 

What should a bereavement policy consist of? 

The details within an average bereavement leave policy are dependent on the size of the organisation and the work culture and environment. It is recommended that a bereavement policy should be flexible and effectively communicated with the employees so that they know the benefits and limitations of the leave.

Here are the steps you show take when writing a bereavement policy:

Allocate time and money for bereavement time

While 2 days is the standard time allocated for bereavement leave, it is important to recognise that each case is unique and each employee will require varied time frames to cope with loss. Therefore, as an organisation, it is extremely important to take this into consideration when planning a budget and guidelines around bereavement leave. As bereavement leave is not mandatory, the employee may choose not to take any time off. Employers should be adequately equipped with the skills to support the employee in a sensitive time such as the loss of a close one. For more information, click here

Provide support 

Letting your employees know that your organisation is there to support them mentally and physically can be beneficial and extend long term loyalty and trust. If you’re a smaller organisation, you may not always have the resources to provide them with the necessary support. However, it may be a good idea to find external resources that the employee can make use of. In this stage, it is important to be compassionate and recognise that the employee may not be at their optimal performance level. 

Discuss policies in place 

The first step is informing the employee as to how their leave will be handled, and the steps they can take when applying for leave. This will include who they should contact, how to make arrangements and if they need to submit any necessary paperwork related to their loss. This is not always a requirement and is specific to what policies are set in place by the organisation. Within the policy, it is a good idea to define what constitutes a ‘close family member or friend’. 

Typically, an employee needs to give the employer a notice as soon as possible so that appropriate measures can be taken accordingly.

Create an official document 

The final but perhaps most important step is to create an official document detailing the organisation’s bereavement policy. All employees should have knowledge of its existence and how to access it in times of need. It is a good idea to create a digital manual that can be explained to the employees during their onboarding time. The human resource department should have a comprehensive understanding of the situation and how to best assist the organisational structures.

Legal advice

If you would like to know more information about bereavement leave, click here to book a FREE 30-minute consultation. If you would like to read more Legal Kitz blogs, have a look at our knowledge centre here!