Section 104 — Fair Work Act 2009: 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).