Compassionate Leave
Public Service Staff
A VPS staff member (other than a casual employee) is entitled to up to three days' compassionate leave with pay per calendar year following the death or serious illness of a member of their immediate family or household. A staff member does not have an entitlement to compassionate leave under this section if the leave requested can be granted as carer's leave.
For the purposes of this section, 'immediate family' includes a spouse (including a former spouse, de facto spouse and former de facto spouse) of the staff member. A de facto spouse means a person who lives with the staff member as a husband, wife or same sex partner on a bone fide domestic basis, although not legally married to the staff member. It also includes a child or adult child (including an adopted child, a step child or an ex nuptial child), parent, grandparent, grandchild or sibling of the staff member or spouse or de facto spouse of the staff member.
A manager may grant paid leave in other cases where, in his/her opinion, special circumstances exist. These can include the death of a person with whom the staff member had a close relationship, a step or foster parent or child, a relative who has taken the place of a parent, or a relative residing with the staff member at the time of the death.
Other special circumstances include where the staff member is the only relative of the deceased person and is the only person available to make the funeral arrangements.
Additional leave for serious illness or death of immediate family member
If a staff member has exhausted the three days' compassionate leave above, he/she may access up to three days paid sick leave.
If a staff member has used all of his or her current year's compassionate leave entitlement and has no accumulated sick leave, he/she can access up to two days' unpaid compassionate leave on each occasion of serious illness by a member of the staff member’s immediate family or household.
A staff member may be granted paid sick leave or unpaid leave beyond three days where the person's manager is satisfied that three days is inadequate in the circumstances (eg. funeral delay or extensive travelling involved). Any subsequent request for leave on account of grief after the funeral should be granted as sick leave and supported by a medical certificate.
Paid leave is not granted for the execution of any legal business associated with the death of a relative. Leave without pay may be granted for this purpose.
In addition to the above leave, staff members of Aboriginal or Torres Strait Islander descent may be granted unpaid leave of up to three days in relation to the death of an extended family member.
Additional leave for the death of another family member
If a staff member has exhausted the three days' compassionate leave with pay, he/she is entitled to a further three days' paid bereavement leave because of a death of another member of their immediate family or household.
Supporting Documentation
For applications on account of bereavement, a death/funeral notice should be provided with advice establishing the staff member's relationship to the deceased.
A manager may require any application for compassionate leave to be supported by a medical certificate or a statutory declaration. If a medical certificate or a statutory declaration is required, it should state the condition of the person concerned.
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