Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 104

Entitlement to compassionate leave

  (1)   An employee is entitled to 2 days of compassionate leave for each occasion (a permissible occasion ) when:

  (a)   a member of the employee's immediate family or a member of the employee's household:

  (i)   contracts or develops a personal illness that poses a serious threat to his or her life; or

  (ii)   sustains a personal injury that poses a serious threat to his or her life; or

  (iii)   dies; or

  (b)   a child is stillborn, where the child would have been a member of the employee's immediate family, or a member of the employee's household, if the child had been born alive; or

  (c)   the employee, or the employee's spouse or de facto partner, has a miscarriage.

  (2)   Paragraph   (1)(c) does not apply:

  (a)   if the miscarriage results in a stillborn child; or

  (b)   to a former spouse, or former de facto partner, of the employee.

Note:   For the definition of a stillborn child, see subsection   77A(2).


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