Compassionate leave and 'immediate family'

My employee has applied to take bereavement leave after the death of her sister-in-law, that is, her brother’s wife. Is she entitled to this leave?

Bereavement leave is known as compassionate leave these days and is an entitlement under the Fair Work Act 2009 wherecertain employees cantake up totwo days paid leave for each occasion when a member of the employee’s 'immediate family' or a member of the employee’s household:

• contracts or develops or personal illness that poses a serious threat to his or her life; or
• sustains a personal injury that poses a serious threat to his or her life; or
• dies.

Immediate family is defined as:

• spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the employee; or
• a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the employee.

The term spouse includes a former spouse of the employee.

De facto partner means a person who, although not legally married to the employee, lives with the employee in a relationship as a couple on a genuine domestic basis and includes former de facto partners.A de facto partner also includes a same sex partner.

Aunts, uncles and cousins are not included in the definition of immediate family.

In this case, the employee’s sibling’s spouse is outside the definition of immediate family. Consequently, the employee is not entitled to paid compassionate leave. The employer and employee may agree that the employee can take paid annual leave to spend time with family and attend the funeral.

Further information

For furtheradvice aboutwhether a family relationship is covered under the definition of immediate family,Ai Group members are encouraged to pleasecall the Workplace Advice Line on 1300 55 66 77.