How does bereavement leave work in Australia?
Most employees in Australia can take paid compassionate leave when an immediate family or household member passes away, with more time available if you need it.
*This is general information, not legal advice. Entitlements depend on your award, enterprise agreement, and employment type. Confirm what applies to your situation with the Fair Work Ombudsman or an employment lawyer.*
Before you rely on the numbers
Treat every dollar figure in this guide as a working guide, not a fixed quote. Funeral prices change by provider, suburb, cemetery, crematorium and the choices made by the family. Before you sign an arrangement, ask for an itemised written quote that separates the funeral director's professional service fee from third-party costs like the crematorium, cemetery, celebrant, flowers, notices and death certificate fees.
Ask which items are legally required and which are optional. If a fee is not clear, ask what it covers before approving it.
The default entitlement
Under the National Employment Standards in the Fair Work Act, every employee in Australia is entitled to compassionate leave (also called bereavement leave) when an immediate family member passes away.
- Full-time and part-time employees: 2 days of paid compassionate leave per occasion.
- Casual employees: 2 days of unpaid compassionate leave per occasion.
The leave is per occasion, not per year. If a second immediate family member passes away later in the year, you are entitled to another 2 days.
| Situation | Who qualifies | Entitlement |
|---|---|---|
| Death of an immediate family or household member | Full-time and part-time employees | 2 days paid per occasion |
| Death of an immediate family or household member | Casual employees | 2 days unpaid per occasion |
| Miscarriage | You, or your spouse or de facto partner | 2 days paid compassionate leave |
| Stillbirth (after 20 weeks or more than 400g) | Parents | Up to 12 months unpaid parental leave |
For the official source, see the Fair Work Ombudsman page on compassionate and bereavement leave.
Who counts as immediate family
The Fair Work Act defines immediate family as:
- Your spouse or de facto partner (including a former spouse or former de facto partner)
- Your child, parent, grandparent, grandchild, or sibling
- The same relations of your spouse or de facto partner (including former)
- Step-relations (for example, step-parent, step-child)
- Adoptive relations
The Fair Work Ombudsman notes that an employee can also take compassionate leave for other relatives (cousins, aunts, uncles) if they are a member of the household, or if the employer agrees.
Some awards and enterprise agreements extend the definition further. Check your specific award if you are not sure. The Fair Work Ombudsman has tools to help you find your award.
Source: Fair Work Ombudsman, Compassionate and bereavement leave, verified 3 June 2026.
Casual workers and bereavement leave
Practical points for casuals:
- You are entitled to 2 days of unpaid compassionate leave per occasion
- You cannot be dismissed for taking it
- Some awards and enterprise agreements provide paid bereavement leave for long-term casuals; check your specific award
- You can usually negotiate additional unpaid leave with your employer, particularly where the death was sudden or you are organising the funeral
What evidence employers can ask for
Employers can ask for reasonable evidence that the leave is for a genuine compassionate reason. Reasonable evidence includes:
- A death certificate
- A funeral notice (printed or online)
- A statutory declaration confirming the death and the family relationship
Employers cannot demand intrusive evidence (medical records, autopsy details, photographs). The Fair Work Ombudsman is clear that evidence requirements must be reasonable.
If you are uncomfortable with what your employer is asking for, contact the Fair Work Ombudsman on 13 13 94 for guidance.
When 2 days is not enough
For sudden deaths, deaths of a child or parent, or where you are the executor or main coordinator of the funeral, 2 days is rarely enough. Options to extend:
- Annual leave. Most employees have annual leave they can use.
- Long service leave if you have it accrued.
- Unpaid leave with the employer's approval. Many employers approve extensions, especially in sudden-death or child-loss cases.
- Sick leave or carer's leave in some cases, particularly if grief is affecting your ability to work or you are caring for grieving family members.
Speak with your manager or HR. If you are an executor or organising the funeral, the practical reality of bank closures, paperwork, registration, and travel often takes longer than 2 days.
Stillbirth and miscarriage
Specific provisions apply for pregnancy loss and stillbirth:
Miscarriage. Employees are entitled to 2 days of paid compassionate leave when they or their spouse or de facto partner has a miscarriage. This is in addition to other leave. Source: Fair Work Ombudsman, Compassionate and bereavement leave (Fair Work Act 2009, ss. 104-106).
Stillbirth. Where a baby is stillborn (after 20 weeks of pregnancy or weighing more than 400g), parents are entitled to up to 12 months of unpaid parental leave. Some employers also offer paid parental leave equivalent to live-birth entitlements. Source: Fair Work Ombudsman, Stillbirth, premature birth or death of a child (Fair Work Act 2009, ss. 77-77A, 78A, 104-105, 333X).
For grief support after stillbirth and pregnancy loss, Red Nose Grief and Loss (1300 308 307, 24/7), SANDS Australia (1300 072 637, 24/7), and Bears of Hope (1300 11 HOPE) all offer specialist support.
For more on grief support, see our grief support resources.
Returning to work
The Fair Work Ombudsman has guidance on managing return to work after bereavement. Many employees underestimate how much grief affects concentration, energy, and decision-making in the weeks and months after a loss.
Reasonable accommodations to ask for:
- A graduated return to full hours
- Flexible start and finish times for a few weeks
- Reduced client-facing or high-stakes work for a period
- Working from home where it suits
For deeper grief content, see our grief support resources.
Frequently asked questions
How many days of bereavement leave am I entitled to in Australia?
Who counts as immediate family for bereavement leave?
Can casual workers take bereavement leave in Australia?
What evidence can my employer ask for?
Can I take bereavement leave for a friend or distant relative?
What if I need more than 2 days?
What if the death was a miscarriage or stillbirth?
When you need practical help
Fair Work Ombudsman: 13 13 94, weekdays. Beyond Blue: 1300 22 4636, 24/7, mental health and grief support. GriefLine: 1300 845 745. Weekdays 9am to 6pm and weekends 12pm to 6pm (AEST/AEDT). Free counselling.
When you are ready
This guide is general information to help Australian families, editorially reviewed by the Funerals Direct team from publicly available sources. It is not legal or financial advice. Funeral prices change and vary by provider and region, so always ask for an itemised written quote. For prepaid funerals, bonds, or insurance, consider speaking with an independent financial adviser or a free financial counsellor on 1800 007 007.
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