Posted: 17th July 2022
Posted in: Bones Blog, General HR
Hi Bare Bones Consulting, one of my employees is seeking to take time off as her partner is in intensive care with COVID. When does compassionate leave apply?
Hi there and I’m sorry to read about your team member’s situation. Let’s get right to a reply so you can help her out in this difficult time.
Personal/carer’s leave, compassionate leave and family and domestic violence leave form part of the National Employment Standards (NES) in the Fair Work Act 2009. The NES apply to all employees covered by the national workplace relations system.
These forms of leave are designed to help an employee deal with things like personal illness or injury, caring responsibilities, family emergencies, family and domestic violence, and the death or life-threatening illness or injury of close family members.
Your enquiry states the employee’s partner is in intensive care. I’ll assume from this that their condition is serious so compassionate leave may be one option for her.
An employee (including a casual employee) is entitled to 2 days of compassionate leave to spend time with a member of their immediate family or household who suffers a life-threatening illness or injury. An employee is also entitled to take this leave:
An employee may take compassionate leave for each occasion as:
If an employee (other than a casual employee) takes a period of compassionate leave, the employer must pay the employee at the employee’s base rate of pay for the ordinary hours they would have worked during the period.
Casual employees are not entitled to any paid personal/carer’s leave or compassionate leave. Casual employees do have the entitlement to unpaid carer’s leave and compassionate leave.
The Fair Work Ombudsman’s “Leave” page contains detailed information on the various types of leave available to employees.
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