Bereavement leave in Australia: who counts and what casuals can claim

When you have just lost someone, the last thing you want to do is read employment law. This guide covers what you are entitled to in plain language, who counts as immediate family, and what to do if you need more time.

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.

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, current as at May 2026.

Casual workers and bereavement leave

Casual employees are often unsure whether bereavement leave applies to them. Under the National Employment Standards it does, but it is unpaid.

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.

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.

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 workplace and grief, see our Grief and Support hub.

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 hub including the article on grief support after the funeral.

Frequently asked questions

How many days of bereavement leave am I entitled to in Australia?

Under the National Employment Standards, full-time and part-time employees: 2 days paid per occasion. Casuals: 2 days unpaid per occasion.

Who counts as immediate family for bereavement leave?

Spouse or de facto partner, child, parent, grandparent, grandchild, sibling, or the same relations of a spouse or de facto partner. Some awards extend the definition.

Can casual workers take bereavement leave in Australia?

Yes. 2 days of unpaid compassionate leave per occasion. Casuals cannot be dismissed for taking it.

What evidence can my employer ask for?

Reasonable evidence such as a death certificate, funeral notice, or statutory declaration. Not intrusive evidence.

Can I take bereavement leave for a friend or distant relative?

The National Employment Standards do not cover friends or extended relatives. Some awards do. Employers may approve discretionary leave.

What if I need more than 2 days?

Annual leave, long service leave, or unpaid leave with the employer's approval. Many employers approve extensions.

What if the death was a miscarriage or stillbirth?

Miscarriage: 2 days paid compassionate leave. Stillbirth: up to 12 months unpaid parental leave.

Need 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.

Next steps

• Centrelink bereavement payments
• Grief and support after the funeral
• Talking to your employer about your loss