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
- 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