Annual or compassionate leave?

What happens when an employee needs to attend the funeral of an immediate family member while they are on annual leave?

To answer this we need to ask, “If the employee was not on annual leave, would they be entitled to compassionate leave?”

If the answer is yes, then the relevant days of annual leave must be re-credited to the employee for future use, and the time should be recorded as compassionate leave.

The Fair Work Act provides for two days of paid compassionate leave to an employee when a member of their immediate family passes away or contracts an illness or injury that is life threatening.

Immediate family includes a spouse, de facto partner, parent, child, sibling, grandparent or grandchild of an employee, or a child, parent, grandparent, grandchild or sibling of a souse or de facto partner of an employee – including step family and adoptive family.

You can read more here.


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