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Compassionate Leave Now To Include Miscarriage

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On 10 September 2021, the Fair Work Act 2009 was updated to include miscarriage as a reason to access compassionate leave. 

So if you or your current spouse or de facto partner has a miscarriage, you’re entitled to 2 days compassionate leave.

You’re also entitled to 2 days of compassionate leave if a member of your immediate family or household suffers a life-threatening illness or injury or passes away. 

Immediate family is your:

  • spouse or former spouse
  • de facto partner or former de facto partner
  • child
  • parent
  • grandparent
  • grandchild
  • sibling, or a
  • child, parent, grandparent, grandchild or sibling of your spouse or de facto partner (or former spouse or de facto partner).

This definition includes step-relations (for example, step-parents and step-children) as well as adoptive relations.

You will be able to take compassionate leave for other relatives (for example, cousins, aunts and uncles) if they are a member of the employee's household, or if your employer agrees to this.

Compassionate leave is available to all employees. It doesn’t accrue and you get 2 days on each occasion it applies (there is no maximum number of times you can access it in a year). It can be taken as a single period, 2 separate days, or in any periods that you and your employer agree on. 

Note: Full-time and part-time employees get 2 days paid compassionate leave. For casuals, it’s unpaid.

For more information, please read the following: Compassionate and Bereavement Leave

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