Compassionate leave is a crucial aspect of fostering a supportive work environment, ensuring that employees feel valued, especially during difficult personal situations. Here’s a comprehensive guide to understanding compassionate leave in Australia, including how it works and the number of days available annually.
Compassionate Leave in Australia
Full-time and part-time employees are entitled to two days of compassionate leave each year under the National Employment Standards (NES). This paid leave can be taken in cases of family emergencies or the death of a close family member. This entitlement is protected under the Fair Work Act. However, the terms may vary for those covered by specific employment contracts or registered agreements, and not all contract workers are eligible for this benefit.
Permanent employees are typically entitled to several forms of leave, including paid personal/carer’s leave, unpaid carer’s leave, and paid compassionate leave. These leave types are intended to help workers manage personal emergencies such as illness, injury, or the death of a loved one. Casual employees, on the other hand, are only entitled to unpaid compassionate and carer’s leave.
What is Compassionate Leave?
Compassionate leave, also known as bereavement leave, is designed for employees dealing with a personal emergency, such as the illness or death of a close relative. This leave is separate from other types of leave, like annual or sick leave, and begins accruing from the first day of employment. It does not carry over to future employment or payout upon resignation.
Compassionate leave is granted in specific circumstances and does not reduce other leave balances. Employees are encouraged to take compassionate leave when genuinely needed, as it cannot be cashed out when leaving the company.
When Can Compassionate Leave Be Taken?
Employees may apply for compassionate leave in the following situations:
- When they are unfit to work due to a personal illness or injury.
- Following a serious accident.
- To provide care or support to an immediate family member during illness or injury.
- In the event of the death of a close family member.
Immediate family members include:
- Spouse or former spouse.
- Children or those under legal guardianship.
- Parents and grandparents.
- Siblings or grandchildren.
Employees can also take compassionate leave during a family emergency or the sudden death of a loved one.
How Many Days of Compassionate Leave Are Available Per Year?
According to the NES, full-time employees are entitled to 10 days of compassionate leave per year, which can be taken as a continuous two-day leave or spread across multiple days. Part-time employees receive a proportional amount, typically between 7 and 10 days, depending on their work hours. These leave days do not include weekends or public holidays.
Unused compassionate leave does not accumulate year-to-year, but employees are entitled to take the leave for each individual incident that qualifies.
Payments During Compassionate Leave
Employees taking compassionate leave are entitled to payment at their base salary rate, covering the ordinary hours worked. However, this payment does not include:
- Bonuses or incentive payments.
- Allowances for overtime.
- Monetary allowances provided under the employment contract.
Part-time and contract employees may also take compassionate leave, though it may be unpaid depending on their employment terms. If unused, the compassionate leave balance does not roll over to the following year.
Summary
Understanding the details of compassionate leave in Australia ensures that employees can manage personal emergencies while receiving necessary support from their employers.
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