Bereavement & Carers Leave

What is personal carers' leave?

Leave an employee can take to care for a family member who is sick. If an employee takes personal careers' leave he/she must be responsible for the care of the person who is sick. This type of leave is paid leave.

What is bereavement leave?

Leave that an employee can take when a family member dies. Bereavement leave is also sometimes called compassionate leave. This type of leave is paid leave.

Who can take this leave?

Personal carers' leave & bereavement leave is available to all employees covered by NSW awards. There are a few exceptions & some awards have slightly different entitlements. Many enterprise agreements also provide for these types of leave

Who can an employee take the leave for?

Both types of leave may be taken for a family member who is the employee's:

• Spouse, de facto spouse or same sex partner, child, including adopted, foster, ex-nuptial or stepchild, parent, including foster parent or legal guardian, grandparent, grandchild or sibling.

An employee may also take leave for the children, parents, grandparents or siblings or their spouse or de facto spouse, or any other relative who is a member of the employees' household.

How much leave can an employee take?

Personal carers' leave allows employees to use all of their current & accrued sick leave to care for the sick family member.

The bereavement leave entitlement is a minimum of 2 days. Some awards provide for 3 or more days & may also impose other conditions on taking leave. Bereavement leave may also be taken in conjunction with other personal careers' leave with the agreement of an employer.

What proof does an employee need to be eligible for leave?

For personal carers' leave, an employer can require an employee to establish that a family member is sick & needs care. A medical certificate or statutory declaration can do this.

For bereavement leave, evidence may also be required. Relevant awards set out these requirements.