Section 105 — Fair Work Act 2009: 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, or the stillbirth of the child, referred to in section 104; or (c) after the employee, or the employee’s spouse or de facto partner, has the miscarriage 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.