Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 105

Taking compassionate leave

  (1)   An employee may take compassionate leave for a particular permissible occasion if the leave is taken:

  (a)   to spend time with the member of the employee's immediate family or household who has contracted or developed the personal illness, or sustained the personal injury, referred to in section   104; or

  (b)   after the death of the member of the employee's immediate family or household, or the stillbirth of the child, referred to in section   104; or

  (c)   after the employee, or the employee's spouse or de facto partner, has the miscarriage referred to in section   104.

  (2)   An employee may take compassionate leave for a particular permissible occasion as:

  (a)   a single continuous 2 day period; or

  (b)   2 separate periods of 1 day each; or

  (c)   any separate periods to which the employee and his or her employer agree.

  (3)   If the permissible occasion is the contraction or development of a personal illness, or the sustaining of a personal injury, the employee may take the compassionate leave for that occasion at any time while the illness or injury persists.

Note:   The notice and evidence requirements of section   107 must be complied with.



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