When Vicky Sims’ daughter Tiffany suddenly died aged 27, she was devastated.
But rather than being able to take her time to grieve and undertake the tasks which need to be done when a loved one passes away, she had to go back to work.
The 60-year-old’s company gave her five days of paid leave – and that’s three days more than the just two days which is law.
Sims says she then used a week and a half of sick leave until it ran out, followed by the same amount of unpaid sick leave.
But the Ipswich mother needed the money, so had to return to work at an insurance firm after four weeks.
But she said it is just not enough.
“You can’t get over it in two days, you can’t plan a funeral in two days,” she said.
“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.”
She said because her daughter took her own life, she wasn’t even able to arrange a funeral for a week and a half.
Rules on compassionate and bereavement leave
“Employees are entitled to two days compassionate leave each time they meet the criteria,” it says.
Workers can also take paid and unpaid leave.
Shae McCrystal, professor of labour law at the University of Sydney Law School, said two days is standard.
“However, a particular employee may have a great entitlement to a longer period of compassionate leave if they have negotiated this in their contract of employment, OR if it has been negotiated and agreed in an enterprise agreement which applies at that workplace,” McCrystal said.
“An award, enterprise agreement or other registered agreement, contract of employment or workplace policy can provide additional entitlements to the NES.”
Federal Minister for Employment and Workplace Relations Murray Watt has promised to explore the rules on planned paternity leave when a baby dies.
But while he was allowed to take his paid leave, she wasn’t.
She did get government entitlements but Breen said when they contacted the Fair Work Ombudsman, they were told the company did nothing wrong and was allowed to cancel her planned paid paternity leave.
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