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It’s easy to group different types of leave together, particularly when you’re dealing with an employee who needs time away from work unexpectedly. But compassionate leave is not the same as sick or carer’s leave and it’s important that employers, managers and payroll teams understand the difference.
Compassionate leave is a separate entitlement under the National Employment Standards (NES). It does not come out of an employee’s personal/carer’s leave balance, and it isn’t simply an additional form of sick leave.
What is compassionate leave?
Compassionate leave allows an employee to take time away from work when certain serious or distressing circumstances affect them or their immediate family or household.
Under the NES, employees are entitled to 2 days of compassionate leave each time a qualifying event occurs.
Importantly, this entitlement applies to all employees, including casual employees.
When can an employee take compassionate leave?
Compassionate leave can apply when:
- an immediate family or household member dies
- an immediate family or household member suffers a life-threatening illness or injury
- there is a stillbirth in the employee’s immediate family or household
- the employee experiences a miscarriage
- the employee’s spouse or de facto partner experiences a miscarriage
The 2 days can generally be taken as a continuous period, separate periods, or as agreed between the employer and employee.
Compassionate leave vs personal/carer’s leave
One of the easiest mistakes to make is treating compassionate leave as though it comes from an employee’s personal/carer’s leave balance.
It doesn’t.
Personal/carer’s leave covers situations such as an employee being unwell, injured, or needing to care for or support an immediate family or household member who is sick, injured or experiencing an unexpected emergency.
Compassionate leave is a separate entitlement that applies when a qualifying event occurs, such as the death of an immediate family or household member or a miscarriage.
So, if an employee has already used their available personal/carer’s leave, that does not mean they have no compassionate leave available.
They are separate entitlements.
Is compassionate leave paid?
For permanent employees, compassionate leave is generally paid leave.
Casual employees are also entitled to compassionate leave, but it is unpaid.
This is another reason it’s important to make sure leave is being recorded and processed correctly in your payroll system.
Need to check your leave processes?
Edwards HR can help businesses review their HR practices, policies and payroll processes to make sure they are aligned with their obligations.
