Vicky Sims experienced profound grief when her daughter Tiffany passed away suddenly at the age of 27. The loss was overwhelming, yet Vicky found herself having to return to work after only five days of bereavement leave, which is slightly more than the legal requirement of two days in Australia. At 60, she had to draw on her sick leave and even took unpaid leave to cope with the emotional burden of her daughter’s death, ultimately returning to her job at an insurance firm after just four weeks due to financial pressures.
Vicky expressed her frustration, stating that grieving cannot be confined to a few days, nor can crucial tasks such as arranging a funeral be managed in such a short timeframe. She highlighted the inadequacy of current policies, noting, “It shouldn’t be that you need to use up all your sick leave because you’re not sick and you’re certainly not having a holiday.”
In response to her experience, Vicky launched a petition advocating for an increase in paid bereavement leave to 20 days, which she believes would be a more humane approach to supporting those who lose a loved one. Her daughter’s suicide made the planning of the funeral particularly challenging, as Vicky was unable to arrange it for a week and a half after her passing.
As outlined by the Fair Work Ombudsman, employees are entitled to two days of compassionate leave when a member of their immediate family passes away or faces life-threatening health issues. Although some employees may negotiate longer leave periods through their contracts or enterprise agreements, the standard remains a mere two days. Professor Shae McCrystal from the University of Sydney Law School acknowledged this norm, stressing that flexibility can arise if negotiated in employment terms.
The Fair Work Ombudsman indicated that the National Employment Standards cover compassionate and sick leave, allowing additional entitlements through workplace agreements.
In another related case, Chris Breen shared that despite his ability to take three months of parental leave after the death of his six-week-old baby, his wife was forced back to work, illustrating the inconsistency in workplace policies surrounding bereavement leave.
The Federal Minister for Employment and Workplace Relations, Murray Watt, has committed to reviewing the rules regarding paternity leave in the context of infant loss, seeking to address such disparities.
Those looking for support in times of grief can reach out to Lifeline at 13 11 14 or Beyond Blue at 1300 22 4636, among other support services.