Following changes to the Fair Work Act paid compassionate leave is now available to employees who have (or whose partner has) a miscarriage.
The entitlement to compassionate leave has been a feature of employee entitlements for some time. The entitlement to paid leave for permanent staff, and unpaid leave for casual staff has applied in 4 situations.
An employee is entitled to 2 days compassionate leave for each permissible occasion when;
- a member of the employees immediate family or a member of the employees household develops a personal illness that poses a serious threat to his or her life
- a member of the employees immediate family or a member of the employees household sustains a personal injury that poses a serious threat to his or her life
- a member of the employees immediate family or a member of the employees household dies
- a child is stillborn, where the child would have been a member of the employees immediate family or a member of the employees household If the child had been born alive
The changes passed this week have added a 5th element;
- the employee or the employees spouse or defacto partner has a miscarriage
“The vast majority of employers in our industry have been providing compassionate leave in the event of miscarriage. What these changes mean is that employees now have it clearly identified that they are able to apply for compassionate leave in the event of a miscarriage” explained ACAPMAs Executive Manager for Employment and Training, Elisha Radwanowski.
ACAPMA will ensure that Compassionate Leave Guides are updated to reflect this change and Members can expect updates to the Fair Work Information Statement and Casual Employment Information Statement in the coming weeks to reflect these changes
Current – Fair Work Act Section 104 http://classic.austlii.edu.au/au/legis/cth/consol_act/fwa2009114/s104.html
Amemdment to be incorporated as passed by both houses – https://parlinfo.aph.gov.au/parlInfo/download/legislation/bills/s1306_aspassed/toc_pdf/2108920.pdf;fileType=application%2Fpdf
Here to Help
HR Highlights are things to consider, implement and watch out for in your business. They are provided as general advice and you should seek further advice on your situation by reaching out to the ACAPMA Workplace Relations Professionals via email@example.com , it is free for members.
Elisha Radwanowski BCom(HRM&IR)