Life can be unpredictable, which is why employers require flexibility to ensure that their staff are respected in the workplace. Compassionate leave is a system that allows employees to take time to grieve and support their loved ones through hardship. Not only does this positively affect the employee, but as a result a strong workplace culture focussed on health and wellbeing can be created. Continue reading this Legal Kitz blog for more information on compassionate leave.
What is compassionate leave?
Compassionate leave is paid time-off that employees can receive after they have experienced a sensitive or upsetting situation, such as the death or serious injury of a relative or close-friend, if they have been a victim of a crime or if they have witnessed or been involved in a traumatic event. This time off allows the employee to support their loved-ones and/or to process their grief and emotions in their personal space and time, away from work.
What is the difference between compassionate leave and bereavement leave?
Compassionate leave and bereavement leave are often used interchangeably, however, the terms are slightly different. Bereavement leave refers to the paid-time off an employee receives specifically following the death of a loved one. Compassionate leave, however, is a more broad term which refers to an employee taking time off to look after a loved-one or themselves after something life-threatening or traumatic has occurred.
When can compassionate leave be taken?
According to the Fair Work Ombudsman, bereavement leave can be taken if:
- A member of their immediate family or household dies, or contracts or develops a life-threatening illness or injury;
- A baby in their immediate family or household is stillborn;
- They have a miscarriage; or
- Their current spouse or de facto partner has a miscarriage.
How long can I take compassionate leave for?
The base amount of bereavement leave employees are entitled to under the Fair Work Act is 2 days, which can be taken each time they meet the criteria. This leave can be broken up into:
- a single continuous 2 day period;
- 2 separate periods of 1 day each; or
- any separate periods as agreed with their employer.
Employees are not enabled to accumulate compassionate leave and this is not a part of their sick and carer’s leave entitlement. If the employee is on another type of leave such as annual leave or and needs to take compassionate leave, they are able to use compassionate leave instead of the other leave.
What payment do I receive for compassionate leave?
Any full-time and part-time employees receive paid bereavement leave according to their base pay rate for the ordinary hours they would have worked during the leave.
This doesn’t include separate entitlements including incentive-based payments and bonuses, loadings, monetary allowances, overtime or penalty rates.
Why is compassionate leave important?
A bereavement policy allows organisations to support grieving employees through a difficult time in their personal life, which carries through to grief or trauma in the workplace. Allowing the employee to take the necessary time to support their loved ones and grieve benefits both the employee and the organisation. As a result, this not only enhances the employee’s relationship and respect for the organisation, but also encourages a healthy workplace culture, improves productivity, and reduces any unanticipated staff absence.
How do I request compassionate leave?
Asking to take compassionate leave may be an intimidating and emotional process for many employees. It is important for an employee to discuss their leave request with their employer as soon as possible, to ensure that they are able to set fair and attainable leave parameters. This will enable the employer to ensure an employee is in the right state-of-mind to return to work. Throughout this initial discussion, the employee should state how much leave they are requesting to take, and when.
Following this, an employee has the right to request evidence surrounding the reason or compassionate leave (e.g. death certificate, police statement, or doctor’s letter). If this request for evidence is considered reasonable, and the employee fails to deliver this evidence, their compassionate leave may be refused.
What to do when an employee requires compassionate leave?
As an employer it is your responsibility to ensure that you are maintaining the health and wellbeing of your staff. This means that if an employee has expressed that they have experienced a loss or trauma, there is a reliance upon the employer to suggest compassionate leave to the employee, if they are not aware of their rights to do so. When the employee is informing you of their situation, ensure that you are compassionate to their circumstances, whilst offering your condolences. This will allow the employee to feel well respected and cared for within the workplace.
Legal advice
If you are an employee who requires compassionate leave, it is imperative that you are able to discuss and agree with your supervisor on a suitable period of leave. If you find that your employer is refusing your request, and you are looking for advice on how to deal with the situation, please do not hesitate to contact Legal Kitz to discuss your issue further. You can contact us by phone on 1300 988 954 or email to [email protected]. We offer a FREE 30-minute consultation for all your legal needs.