This information is only relevant to employers and employees in the WA state industrial relations system – sole traders, unincorporated partnerships, unincorporated trusts and some incorporated or not for profit organisations. Find out more on the Guide to who is in the WA state system page.
If you operate or are employed by a Pty Ltd business – you can find information on this topic on the Fair Work Ombudsman website.
This is general information on bereavement leave based on the minimum entitlements.
Frequently asked questions about bereavement leave
Full time, part time and casual employees are entitled to paid bereavement leave.
If an employee is not covered by a WA award, and is paid solely by commission or piece rate, they are not entitled to paid bereavement leave.
Employees get paid their current rate of pay when they take bereavement leave.
A casual employee receives their casual loading when they take bereavement leave.
Commission-only and piece rate employees are to be paid the highest of the following for a period of bereavement leave:
- a rate payable under a WA award or contract of employment for a period of leave;
- a rate calculated according to the employee’s average weekly earnings over a period totalling 365 days immediately before the time the bereavement leave is taken;
- the applicable minimum rate of pay.
Where the rate of payment for a period of bereavement leave is being calculated according to the employee’s average weekly earnings over the 365 days before the leave is taken, the following periods are not included in the calculation:
- any period during which the employee was on unpaid leave; and
- any period during which the employee was stood down in accordance with an award, agreement or legislative provision.
Eligible employees, including casuals, are entitled up to two days of paid bereavement leave on the death of a member of the family or household.
Bereavement leave is for time needed for the death of a member of the family or household.
A member of the family or household means any of the following people:
- the employee’s spouse or de facto partner
- a child, step child or grandchild of the employee (including an adult child, step-child or grandchild)
- a parent, step parent or grandparent of the employee
- a sibling of the employee
- any other person who, at or immediately before the relevant time lived with the employee as a member of the employee’s household.
Bereavement leave can be taken for each occasion there is a death of a member of the family or household.
No, providing that the requirements for bereavement leave are satisfied and proof can be supplied of the employee’s relationship with the deceased, it is unlawful to refuse a request for bereavement leave.
Employees have the option of negotiating with the employer about taking some other form of leave (e.g. annual leave), or taking unpaid leave if more time is required.
Yes, an employer can reasonably request proof of the death and the relationship the deceased person had with employee to be provided before granting bereavement leave.
No, the entitlement to bereavement leave is each occasion where there has been death of a family or household member.
Yes, casual employees are entitled up to two days of paid bereavement leave. A casual employee is generally paid for the ordinary hours they would have worked if they had not taken the bereavement leave.
Please contact Wageline for additional information on bereavement leave.