How to Claim 2025 Compassionate Leave in Australia – Check Eligibility Criteria & When You’ll Be Paid

Compassionate leave is a vital entitlement for employees in Australia, allowing them to take time off to deal with the death, life-threatening illness, or injury of a close family member or household member. Understanding how to claim compassionate leave can be confusing, but it’s essential for workers to know their rights, how the process works, and when they are entitled to it.

In 2025, the rules surrounding compassionate leave remain largely the same, with a few key updates to be aware of. Whether you’re a full-time employee, part-time worker, or a casual, compassionate leave can help you during difficult times without the added stress of worrying about your job. In this guide, we’ll walk you through the eligibility criteria, payment details, how to claim compassionate leave, and when you’ll be paid, making it clear and easy for both employees and employers to understand.

How to Claim 2025 Compassionate Leave in Australia

Compassionate leave is a critical benefit for employees in Australia, providing them with the time and support needed during some of the toughest times in life. Whether you’re a full-time, part-time, or casual employee, understanding the rules and procedures for claiming compassionate leave will help ensure you get the support you need when it matters most.

If you’re unsure about your entitlements, don’t hesitate to reach out to your employer or check the official Fair Work Ombudsman website for more information. Be sure to take advantage of this essential leave entitlement to manage personal matters without added financial stress.

What Is Compassionate Leave?

Compassionate leave allows employees to take time off work due to personal circumstances related to the serious illness, injury, or death of a close family member. This leave is an essential right granted by the National Employment Standards (NES), ensuring that workers do not have to sacrifice their financial well-being while dealing with life’s most difficult moments.

Who Is Eligible for Compassionate Leave?

One of the first things you need to understand is that all employees in Australia are eligible for compassionate leave, but there are specific conditions depending on your employment type. Here’s a breakdown of who can claim leave:

1. Full-Time and Part-Time Employees:
   • Full-time and part-time employees are entitled to 2 days of paid compassionate leave per occasion.
   • The leave is paid at the employee’s base rate of pay for the ordinary hours they would have worked.
2. Casual Employees:
   • Casual employees are eligible for 2 days of unpaid compassionate leave per occasion.
   • This leave is unpaid because casual employees typically do not accrue paid leave entitlements like full-time and part-time employees.
3. Types of Family Relationships:
   • Immediate Family includes: spouse, child, parent, sibling, grandparent, grandchild, and any relative living in the same household.
   • In the event of a stillbirth or miscarriage, the employee may also be entitled to compassionate leave.

How to Claim Compassionate Leave in Australia

Now that we know who is eligible for compassionate leave, let’s break down the process of how to claim it.

Step 1: Notify Your Employer

The first step in claiming compassionate leave is to notify your employer. This should be done as soon as possible after you become aware of the need to take leave. The sooner you inform your employer, the better, as this will help in planning for your absence.

Here’s what you need to do:

• Communicate clearly: Let your employer know the reason for your leave, whether it’s the death, illness, or injury of a close family member. The more specific and transparent you are, the easier it will be for your employer to accommodate your leave request.
• Confirm the dates: Indicate when you expect to take leave and for how long. Depending on your personal situation, compassionate leave can range from a day or two, up to longer periods depending on employer discretion.

Step 2: Provide Evidence

In most cases, your employer will require evidence to verify the need for compassionate leave. The kind of documentation required may vary depending on the situation. Examples of acceptable evidence include:

• A death certificate or funeral notice.
• A doctor’s certificate or a medical certificate for a life-threatening illness or injury.
• In the case of stillbirth or miscarriage, you might need specific documentation, such as a medical report or hospital records.

Employers are generally understanding during such difficult times, but it’s essential to meet these requirements to ensure the leave is approved.

Step 3: Employer Approval

Once you have notified your employer and provided the necessary evidence, your employer should respond with approval or a discussion regarding the leave. Employers must approve compassionate leave requests under the NES, as it’s a statutory entitlement.

• Full-time and part-time employees: Should receive their regular pay for the compassionate leave period.
• Casual employees: Will not receive pay but are entitled to take the leave as part of their rights.

How Is Compassionate Leave Paid?

The payment structure for compassionate leave varies depending on whether you’re a full-time, part-time, or casual employee.

Full-Time and Part-Time Employees

For full-time and part-time employees, compassionate leave is paid leave. The payment should be at the employee’s base rate of pay for the ordinary hours that the employee would have worked if they were not on leave.

• If you work flexible hours or have irregular working hours, your employer will calculate your base rate based on the hours you would typically work.
• Compassionate leave can only be taken when the employee would otherwise be at work.

Casual Employees

Unfortunately, casual employees are not entitled to paid compassionate leave. However, casual employees are still entitled to 2 days of unpaid compassionate leave per occasion. This means casual employees can take time off to manage personal matters related to the death, illness, or injury of a family member without fear of losing their job.

When Will You Be Paid?

If you are a full-time or part-time employee, compassionate leave is paid at your regular pay cycle. It’s essential to check with your employer to confirm when you will be paid, as each company has its payroll procedures.

If you are a casual employee, there is no payment for compassionate leave. However, if you need time off to handle personal matters, your leave will not be taken out of your annual or sick leave accruals.

Additional Leave Options for Employees

Apart from compassionate leave, employees in Australia have access to other forms of leave for personal or family-related matters, including:

Bereavement Leave

• This is sometimes offered by employers in addition to compassionate leave. It allows employees to take time off to grieve the death of a loved one.

Personal/Carer’s Leave

• Employees can use personal/carer’s leave (sick leave) when they need to care for a family member with a medical condition. Unlike compassionate leave, this type of leave is generally paid for both full-time and part-time employees.

Family and Domestic Violence Leave

• If an employee experiences family or domestic violence, they may be entitled to take leave to attend legal or medical appointments, seek refuge, or care for children affected by the violence.

How Compassionate Leave Interacts with Other Forms of Leave

Compassionate leave is separate from other types of leave. Employees can use annual leave or personal leave if they require more than the allotted compassionate leave. However, compassionate leave can’t be “converted” into annual or sick leave—it stands alone as its own category.

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Employer’s Obligations

Employers have a responsibility to ensure that employees have access to their leave entitlements under the NES. It’s important that employers treat requests for compassionate leave with compassion and care, and ensure that employees are not penalized for taking this time.

The Impact of Compassionate Leave on Employment Contracts

Some employment contracts or enterprise agreements may offer more generous leave than the NES, including additional days of paid compassionate leave. It’s essential for employees to check their specific agreement to see if they are entitled to extra days off or pay during times of grief or illness.

FAQs about How to Claim 2025 Compassionate Leave in Australia

1. Can I take more than 2 days of compassionate leave?

While the NES entitles you to 2 days of paid leave per occasion, some employers may offer more time off. If you need more than 2 days, you can request additional leave, either as unpaid leave or by using your annual leave or sick leave, depending on what your employer offers.

2. Do I have to take the full 2 days at once?

No, you do not have to take the full 2 days of compassionate leave at once. You can request to take the leave in separate days if needed. For example, if you need to attend a funeral but also need to care for a sick relative, you can arrange with your employer to take the days separately.

3. What happens if I don’t provide evidence for compassionate leave?

Your employer may require proof to grant you compassionate leave. If you do not provide the necessary evidence, your employer has the right to refuse your leave request. Be sure to follow the proper process to ensure your leave is approved.