AN170026 – Disability Service Providers Award
(a) An employee shall on the death of a wife, husband, father, mother, child, stepchild, brother, sister, mother-in-law, father-in-law, stepmother, stepfather, grandfather, grandmother, grandchild be entitled upon application being made to, and approved by the employer, to leave up to and including the day of the funeral of such relative and such leave will be without deduction of pay not exceeding the number of ordinary hours worked by the employee in three ordinary days.
PROVIDED that no such payment shall be made in respect of an employee's rostered days off (as defined) proof of such death, in the form of a death notice or other written evidence, shall be furnished by the employee to the satisfaction of the employer.
PROVIDED ALWAYS that this clause shall have no operation while the period of entitlement to leave under it coincides with any other period of entitlement to leave.
For the purpose of this subclause the words ‘wife’ and ‘husband’ shall not include a wife or husband from whom the employee is separated, but shall include a person who lives with the employee as a de facto wife or husband.
(b) Unpaid Bereavement Leave
An employee may take unpaid bereavement leave by agreement with the employer.
(c) Casual Employees and employees in receipt of a loading in lieu of paid leave
(i) Subject to the evidentiary requirements in subclause (a) of this clause, casual employees and employees in receipt of a loading in lieu of paid leave are entitled to not be available to attend work, or to leave work upon the death in Australia of an immediate family or household member.
(ii) The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. Casual Employees and employees in receipt of a loading in lieu of paid leave are not entitled to any payment for the period of non-attendance.
(iii) An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not to engage a casual employee are otherwise not affected.
