BlandsLaw - Blog posts from Compassionate Leave
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Showing your Employees Compassion and Support

The news of a family member passing away or sustaining a critical injury or illness is incredibly saddening and employers understand that their workers need to be with their loved ones during these difficult times. However employers also have a business to run so how do they strike a balance?

Under the NES, all employees (including casuals) are entitled to 2 days compassionate leave for each occasion when an immediate family or household member dies or suffers a life threatening illness or injury. This period can be taken as a single two day period, two separate one day periods or any separate periods that the employee and employer agree. Permanent employees are entitled to paid compassionate leave and casuals are entitled to unpaid compassionate leave. Employees are to give notice of the taking of leave and must provide evidence to substantiate the leave if requested by their employer.

In a recent case heard by the FWC[1], a sales manager’s request for compassionate leave to attend her grandfather’s memorial

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Quitting, absent, or just angry?

A frustrated, annoyed or angered worker may walk off the job and an employer may deem that as the employee’s intention to end their employment. Or perhaps an employee continues to be absent after an authorized period of leave and then becomes completely unresponsive. Is it safe to assume that these workers have given up on their job and abandoned their employment?

Generally speaking, abandonment occurs when an employee clearly, through their actions or lack of action, indicates that they do not wish to continue at work. What is essential is a lack of communication from the employee detailing the reason for their absence.  However, abandonment is not lightly inferred and employers are reminded they must consider all objective facts and correctly follow procedure before quickly jumping to the conclusion that their employee has left their job permanently.  

In a recent case heard before the FWC[1], it was accepted that an angered employee had acted to end his employment on his own volition. During an altercation with

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While there is no general entitlement to unpaid leave under the Fair Work Act 2009, there are some provisions that deal with the question of when unpaid leave can be taken. In other cases it is a matter for agreement between the employer and employee.

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Personal/Carers, Compassionate & Community Service Leave.

1. Personal or Carers Leave 

Background and eligibility

The National Employment Standards (NES) details the entitlements to personal and carers leave. Paid personal or carers leave is the correct terminology for the phrase ‘sick leave’. All employees (other than casuals) are entitled to paid personal leave or paid carer’s leave, of 10 days per year. The entitlement to paid personal/carers leave accrues from year to year. Paid personal/carers leave is leave that is provided for an employee if, due to their own personal circumstances, they are sick or injured.

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