How to handle compassionate leave when it is requested

Tuesday August 6, 2024

Compassionate leave, also known as bereavement leave, is an essential component of employee welfare, allowing individuals time off work to cope with personal tragedies such as the passing of a loved one or significant personal emergencies.

Managing these requests with sensitivity and adherence to Fair Work legislation is crucial for maintaining a supportive workplace environment.

Here’s a guide to help employers navigate compassionate leave requests effectively.

Understanding compassionate leave under Fair Work

Under the Fair Work Act 2009, all employees (including casual employees) are entitled to compassionate leave.  

Compassionate leave can be taken by an employee when:

  • a member of their immediate family or household dies, or contracts or develops a life-threatening illness or injury
  • a baby in their immediate family or household is stillborn
  • they have a miscarriage, or
  • their current spouse or de facto partner has a miscarriage.

1. Create a clear policy

  • Outline the specific entitlements for compassionate leave in accordance with the Fair Work Act, including the types of situations that qualify and the necessary documentation.
  • Ensure your policy aligns with Fair Work legislation to ensure compliance.

2. Communicate the policy

  • Include the compassionate leave policy in the employee handbook and ensure all employees are informed about it.
  • Train managers on how to handle compassionate leave requests with sensitivity and in compliance.

3. Responding to a request

  • Acknowledge the request promptly and express your sympathy.
  • Discuss the request privately to understand the employee’s needs without making them feel pressured or uncomfortable.

4. Assessing the request

  • Depending on your policy, you may need to verify the reason for leave. Request appropriate documentation, such as a medical certificate or death notice, while being respectful and considerate.
  • Be flexible with leave arrangements. If an employee needs more time off than the policy allows, consider additional unpaid leave or other accommodations.

5. Supporting the employee

  • Stay in touch with the employee during their leave to offer support and information on return-to-work processes.
  • Offer resources such as counselling services or employee assistance programs (EAP) to help them cope with their situation.

6. Documenting the leave

  • Keep accurate records of the leave request, approval, and any correspondence related to it.
  • Ensure all documentation is handled confidentially to respect the employee’s privacy.

Handling compassionate leave requests with empathy and efficiency not only ensures compliance with Fair Work legislation but also strengthens the employer-employee relationship.

By creating a clear policy, communicating effectively, and supporting employees during their time of need, employers can ensure a compassionate and productive workplace environment.

If you need help writing a policy or managing a difficult situation, please get in touch with your local HR Dept.

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