Rights & Responsibilities

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Bereavement Leave

Download Personal Carers' and Bereavement Leave (pdf)

On 10 December 1998, the NSW Industrial Relations Commission established an entitlement to bereavement leave for all employees covered by a NSW Award.

The general order of the Commission grants employees (other than a casual employee) a minimum of 2 days paid leave on the death of a person prescribed by the personal and carers' leave clause. More advantageous provisions currently in awards are not reduced by this decision. Awards are also varied to allow bereavement leave to be taken in conjunction with other personal and carers' leave, subject to employer consent.

Employers must consider the operational requirements of the business and employee circumstances when deciding if an employee can access additional leave. Importantly, employers should consider whether employees require additional leave to attend funerals overseas or to participate in cultural mourning activities.

The Commission allowed some exceptions to the decision, where the parties have negotiated other arrangements specific to the industry. Chiefly, these apply to the Local Government sector, Independent Schools and Catholic Employers.

Personal carers' leave provisions in awards are not affected by the decision.

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What are the new standards?

The order of the Commission grants employees a minimum of 2 days paid leave on the death of:

• a spouse or defacto spouse or same sex partner
• a child, including adopted, foster ex-nuptial or stepchild
• a parent, including foster, parent or guardian
• a grandparent, grandchild or sibling; siblings of the employee's spouse or de facto
• a relative who is a member of their household.

More generous provisions in awards or enterprise agreements allowing attendance at the funeral are not affected by this decision.

Multiple copies of this brochure are available for online ordering.