Fair Work Act 2009

An employee may take compassionate leave for a particular permissible occasion if the leave is taken:

to spend time with the member of the employee’s immediate family or household who has contracted or developed the personal illness, or sustained the personal injury, referred to in section 104; or

after the death of the member of the employee’s immediate family or household, or the stillbirth of the child, referred to in section 104; or

after the employee, or the employee’s spouse or de facto partner, has the miscarriage referred to in section 104.

An employee may take compassionate leave for a particular permissible occasion as:

a single continuous 2 day period; or

2 separate periods of 1 day each; or

any separate periods to which the employee and his or her employer agree.

If the permissible occasion is the contraction or development of a personal illness, or the sustaining of a personal injury, the employee may take the compassionate leave for that occasion at any time while the illness or injury persists.

The notice and evidence requirements of section 107 must be complied with.