Bereavement Leave: Entitlements & Rules (2026)
Your bereavement leave entitlement under the National Employment Standards is 2 days of compassionate leave for each occasion, and it is paid for full-time and part-time employees but unpaid for casuals. You can take it when a member of your immediate family or household dies, or has a life-threatening illness or injury.
This guide, which sits alongside our wider annual leave in Australia guide, explains who can claim, how pay works, what to tell your employer and what other leave you can use.
Bereavement leave entitlement under the National Employment Standards
Most private-sector employees in the national system are covered by the same minimum rule, whatever industry they work in.
| Employment type | Compassionate leave per occasion | Paid or unpaid |
|---|---|---|
| Full-time | 2 days | Paid at your base rate for the hours you would have worked |
| Part-time | 2 days | Paid at your base rate for the hours you would have worked on those days |
| Casual | 2 days | Unpaid, though you are entitled to be absent |
| Award-covered employee | At least 2 days, sometimes more | Depends on the award or agreement, so check the pay guide |
| Long-term casual | 2 days | Unpaid unless your agreement says otherwise |
| Apprentice or trainee | 2 days | Paid or unpaid in line with your employment type |
Compassionate leave does not build up over time, so you cannot save unused days for a later occasion.
Who counts when you claim a bereavement leave entitlement
The leave applies when a death or serious illness affects a close relationship, and the rules cover more than blood relatives.
- You can take leave when a member of your immediate family dies, which includes your partner, children, parents and siblings, and the Fair Work Ombudsman lists the full definition.
- You can also take leave when a member of your household dies, even if you are not related, because the test looks at who lives with you.
- The leave is available when a close family or household member has a life-threatening illness or injury, not only after a death.
- Each separate occasion gives you a fresh 2 days, so a second death in the same year starts a new entitlement.
- Your employer can ask for reasonable evidence, such as a funeral notice or a statutory declaration, but should do so with care and respect.
- Extended family and close friends may fall outside the NES definition, so ask about your award, agreement or workplace policy as well.
Bereavement leave entitlement for casual employees
Casuals have the same right to be absent but not the same right to be paid, and that gap matters when income is tight.
- You can take 2 days of unpaid compassionate leave per occasion, and your employer cannot treat the absence as a reason to cancel future shifts.
- Your 25% casual loading is meant to cover leave you do not get, so no separate paid bereavement days are owed under the NES.
- Tell your supervisor as early as you can, ideally before your next rostered shift, and say how many shifts you expect to miss.
- A casual rostered across two sites in the same week should notify both supervisors, or ask the employer to pass the message on.
- Ask whether your award or agreement adds paid days for casuals, because a few do and the pay guide will show it.
- If you need more time, ask about annual leave only if you are a permanent employee, or agree extra unpaid days with your employer.
How to ask for compassionate leave
You do not need a formal letter, but a clear message protects both you and your employer. Follow these steps.
- Tell your manager or supervisor as soon as you can, by phone or message, that you need to take compassionate leave.
- Say whom the leave relates to and roughly how many days you expect to be away, without giving more detail than you want to.
- Confirm your leave in writing afterwards, such as a short email, so the days are recorded on the roster and in payroll.
- Offer reasonable evidence if the employer asks for it, and ask what form they will accept if you have no certificate.
- Check the next payslip to see the days recorded as paid or unpaid, depending on your employment type.
- If you need longer, raise it early and ask about annual leave, flexible hours or unpaid leave by agreement.
Employer obligations on bereavement leave entitlement
Employers need to get the basics right at a time when the worker is already under strain.
- Grant the 2 days for each occasion to eligible employees, including casuals, and do not require them to wait for approval from several managers.
- Pay full-time and part-time employees for the days at their base rate, and show the leave clearly on the payslip.
- Ask only for reasonable evidence, and accept alternatives when a certificate is hard to get, as with a death overseas.
- Do not count compassionate leave against personal leave, annual leave or an employee's attendance record.
- Keep time and wage records for 7 years, including the dates of leave taken, in case a dispute arises later.
- Check the award or enterprise agreement, because it may give extra days or better pay than the NES minimum.
Bereavement leave entitlement under awards, agreements and state systems
The NES is the minimum, and other instruments can add to it but not take it away.
- A modern award or enterprise agreement can give more than 2 days or extend the leave to more relatives, so read yours.
- Your employment contract and workplace policy cannot offer less than the NES for employees who are covered by it.
- NSW state public sector employees and some local government staff are in the state system, so their leave comes from different rules.
- Other states and territories may set their own rules for state public servants, so check with the relevant employer or government.
- Where two sources apply, you are entitled to the more generous one for each part of the leave.
- The Fair Work Ombudsman pay guide for your award lists compassionate leave terms, and the Infoline on 13 13 94 can help if it is unclear.
Other leave you can use after a death
Grief rarely fits into 2 days, and several other options may give you more time with pay.
- Ask to take annual leave, which you can usually arrange by agreement, and use the balance you have already built up.
- Use personal leave when you are unwell yourself, because the 10 days of paid personal leave a year are for illness and carer's needs, as set out in our sick leave in Australia guide.
- Ask about long service leave if you have the service, and read our long service leave in NSW guide for the 10-year rule.
- Request unpaid leave by agreement when no paid leave is left, and ask for the arrangement in writing.
- Ask for a short-term flexible arrangement, such as changed start times, after you return to work.
- Look at support from an employee assistance program or your GP, because looking after yourself is part of coming back safely.
Common mistakes to avoid
- Treating casuals as having no right to be absent, when the NES gives them 2 unpaid days for each occasion.
- Counting the 2 days as annual leave or personal leave, which reduces a balance the employee has earned separately.
- Demanding documents the same day, which adds pressure when the employee is grieving and may be arranging a funeral.
- Assuming the NES is the only source of leave and missing extra days in an award or agreement.
- Failing to record the leave on the payslip, which causes confusion when payroll is checked later.
Bereavement leave entitlement FAQ
How many days of bereavement leave do I get in Australia?
The National Employment Standards give 2 days of compassionate leave for each occasion. The days do not have to be consecutive. Full-time and part-time employees are paid, and casuals are unpaid. Your award or agreement may give more, so check the pay guide.
Is bereavement leave paid for casual employees?
No. Casual employees can take 2 days of compassionate leave per occasion, but it is unpaid under the NES. Your 25% casual loading is meant to make up for paid leave you do not get. A few awards add paid days for casuals, so check yours.
Can my employer ask for proof of a death?
Yes, an employer can ask for reasonable evidence, such as a funeral notice, a death notice or a statutory declaration. They should ask respectfully and accept sensible alternatives if a certificate is hard to get. If you are unsure, call the Fair Work Infoline on 13 13 94.
What if I need more than 2 days off?
Ask your employer about annual leave, long service leave, flexible hours or unpaid leave by agreement. Your award or agreement may already give extra days. Raise the request early and in writing so the employer can plan the roster and record the leave correctly.
Getting your bereavement leave entitlement right
This is general information, not legal, tax or financial advice, so check the Fair Work Ombudsman, the ATO or an employment lawyer for your situation. Please take the time you need, and ask your employer or the Fair Work Ombudsman if anything is unclear.
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