Find out about Compassionate Leave in Australia: What it is and How Many Days Are Available Per Year here. Understanding compassionate leave is crucial for fostering a supportive workplace where employees feel valued and cared for. This article provides comprehensive information on Compassionate Leave in Australia.
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Compassionate Leave Australia
Employees, whether working full-time or part-time, are eligible for two days of compassionate leave. Under the National Employment Standards, every employee is entitled to two days of paid leave for a family emergency or the death of a close relative. This clause is a component of the Fair Work Act. However, workers covered by registered agreements or other contracts may not be entitled to these leaves, though some may receive them depending on their employer’s policies.
Permanent workers are entitled to paid personal carer leave, unpaid carer leave, and paid compassionate leave. These types of leave assist employees in managing personal emergencies, such as injuries, the death of close relatives, or other illnesses. Casual employees are generally entitled only to unpaid carer’s leave and unpaid compassionate leave.
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What is Compassionate Leave?
Compassionate leave differs from other types of leave as it is specifically for employees facing personal emergencies. Often referred to as bereavement leave, it begins to accrue from the first day of employment. This leave is intended for temporary illness or for dealing with personal matters outside of work.
When employees take compassionate leave, it does not affect their other leave balances and is not counted as part of their regular monthly leave. Additionally, compassionate leave cannot be cashed out if the employee leaves the company. It is important to utilize this leave when necessary.
When can the leave be Taken?
Employees may apply for leave under the following circumstances:
- If they cannot work due to personal ailment.
- If they have experienced a sudden accident.
- To provide care and support to immediate family members due to their illness.
Immediate family members include:
- Spouse or former spouse
- Children or legally dependent kids
- Parents
- Grandparents
- Siblings or grandchildren
Employees are also entitled to leave in cases of family emergencies or the sudden death of close relatives.
How Many Leaves Are There Per Year?
Employees should notify their employers as soon as possible if they need to take leave. It’s important to provide details about the reason for the leave, as some employers may require evidence. It is the employer’s responsibility to request this evidence if needed.
According to the National Employment Standards (NES), employees are entitled to approximately 10 days of compensated leave per year. This leave can be taken all at once or spread out over several months. Full-time employees receive 10 days of leave annually, while part-time employees are entitled to between 7 and 10 days, depending on their employment terms. This leave does not include national holidays or weekends.
Sick leave accumulates from year to year, with 10 days of sick leave typically being equivalent to 1/26th of the annual salary. If employees take more than 10 days of sick leave, their salary will be adjusted accordingly for the additional days. Employees can take their leave in various formats: as a single continuous two-day leave, two separate one-day leaves, or any other arrangement approved by the employer.
What Payments are required while taking the leave?
When employees apply for compassionate leave, they are paid based on their base salary rate for their regular working hours. The payment does not include:
- Incentive bonuses
- Monetary allowances
- Overtime pay
- Any other allowances
Part-time and contract employees are eligible for up to 2 days of unpaid compassionate leave. However, this leave will be deducted from their salary. If employees do not use their compassionate leave, it will be carried over to the following year.