Medical Certificate for Bereavement Leave

Losing someone close to you is one of the most difficult experiences a person goes through. The last thing you should have to worry about at that time is workplace paperwork. But the reality is that many Australians do find themselves navigating leave entitlements, employer requests for documentation, and the question of what happens when two days of compassionate leave is not nearly enough.

This guide covers what you are entitled to under Australian law, when a medical certificate might be needed, and where to find support if grief is affecting your ability to function.

Compassionate Leave Under the Fair Work Act

Under the National Employment Standards (NES), all permanent and part-time employees are entitled to 2 days of paid compassionate leave per occasion. Casual employees are entitled to 2 days of unpaid compassionate leave. This leave is available each time a member of your immediate family or household dies — there is no annual cap. You can take it as a single 2-day block, two separate days, or any other arrangement agreed with your employer.

The key word is "per occasion." If you experience multiple bereavements in a year, you are entitled to compassionate leave for each one. Your employer cannot deduct it from your personal leave balance unless you agree to that arrangement.

Who Qualifies as Immediate Family

The Fair Work Act defines "immediate family" broadly:

• Spouse or de facto partner (including same-sex partners)
• Children, parents, grandparents, grandchildren, and siblings
• Children, parents, grandparents, grandchildren, and siblings of your spouse or de facto partner
• Any member of your household — this can include housemates, close friends living with you, or anyone who is part of your household unit

Some modern awards and enterprise agreements extend the definition further. Check your specific award or agreement, as it may include aunts, uncles, cousins, or culturally significant relationships — particularly relevant for Aboriginal and Torres Strait Islander kinship structures.

When Two Days Is Not Enough

Two days of compassionate leave covers the immediate shock and, in many cases, the funeral. It does not cover the weeks or months that follow, when grief can make concentration, motivation, and basic functioning genuinely difficult. When you need more time, there are several options:

• Personal/carer's leave (sick leave) — if grief is affecting your health and ability to work, you can access your 10 days of paid personal leave. Your employer can request a medical certificate or statutory declaration as evidence.
• Annual leave — you can request to use annual leave if you have it available. Your employer should consider the request reasonably.
• Unpaid leave — if you have exhausted paid leave, you can request unpaid leave. Your employer must consider the request and can only refuse on reasonable business grounds.
• Enterprise agreement or company policy — many employers offer more than the NES minimum. Some offer 5-10 days of paid bereavement leave, or allow additional leave at the manager's discretion.

What Employers Can and Cannot Ask

Your employer can request evidence that you are entitled to compassionate leave. Under the Fair Work Act, this means evidence that would satisfy a reasonable person — such as a death notice, funeral notice, or a statutory declaration. They cannot require a medical certificate for the initial 2 days of compassionate leave.

However, if you are taking additional time off using personal/sick leave because grief is affecting your health, your employer can request a medical certificate — just as they would for any other use of personal leave. The certificate does not need to disclose specific details about your mental health. It simply confirms that you are unfit for work.

Grief, Mental Health, and Complicated Grief

Grief is not a mental illness, but it can become one. Most people experience acute grief that gradually softens over weeks and months. For some, grief becomes prolonged or complicated — characterised by intense yearning, difficulty accepting the loss, emotional numbness, or inability to engage in daily life lasting beyond 6-12 months. Prolonged grief disorder is now a recognised diagnosis.

If grief is significantly impairing your ability to work, a doctor can assess your situation and provide a medical certificate supporting time off. This is no different from taking sick leave for any other health condition. You do not need to push through or pretend you are fine. Taking time to grieve properly is not a weakness — it is a basic human need that workplaces are legally required to accommodate.

Award Variations and Specific Industries

Some modern awards provide additional bereavement provisions. For example, certain awards allow compassionate leave for miscarriage, stillbirth, or the death of someone outside the immediate family definition. Enterprise agreements in the public sector, universities, and large employers often provide 3-5 days or more. If you are unsure about your entitlements, check your award on the Fair Work website or call the Fair Work Infoline on 13 13 94.

Support Resources

• Lifeline — 13 11 14 (24/7 crisis support)
• Beyond Blue — 1300 22 4636 (mental health support)
• GriefLine — 1300 845 745 (bereavement-specific support)
• Employee Assistance Program (EAP) — check with your employer, most provide free confidential counselling
• Australian Centre for Grief and Bereavement — grief.org.au (information and referrals)