There is a minimum entitlement to bereavement leave for employees in the WA state industrial relations system in the Minimum Conditions of Employment Act 1993. WA awards, industrial agreements and contracts of employment may provide an employee with a more beneficial entitlement.
Full time, part time and casual employees are entitled to up to 2 days of paid bereavement leave on 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 or the employee's spouse or de facto partner (including an adult child, step child or grandchild)
- a parent, step parent or grandparent of the employee or the employee's spouse or de facto partner
- a sibling of the employee or the employee's spouse or de facto partner
- 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. Bereavement leave does not accrue from year to year and unused bereavement leave is not paid out when an employee ceases employment.
An employer can reasonably request proof of the death, and the employee's relationship with the deceased person, before granting bereavement leave. Provided 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.
Pay for bereavement leave
Employees get paid their current rate of pay when they take bereavement leave. A casual employee receives their casual loading, and is generally paid for the ordinary hours they would have worked if they had not taken the bereavement leave.
Visit Minimum entitlements for commission only and piece rate employees for information on how to calculate leave payments for employees paid by commission or piece rate.
For information about bereavement leave for employees receiving income or workers compensation, visit Paid leave entitlements and workers compensation.
