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 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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