s104-106: ss 104 to 106 Provide 2 days' compassionate leave per occasion, paid for non-casuals
Each employee is entitled to 2 days of compassionate leave for each occasion when an immediate family or household member contracts or develops a life-threatening illness or injury, or dies, when a child who would have been such a member is stillborn, or when the employee or the employee's spouse or de facto partner has a miscarriage. It may be taken as one 2-day period, two 1-day periods or agreed separate periods (for illness or injury, any time while it persists), and non-casual employees are paid the base rate for ordinary hours.
Our statement of the clause of Australia Fair Work Act 2009 (Cth), held and verified: cite it as s104-106. The instrument verbatim is not quoted here; the held framework carries the reading.
The evidence this duty asks you to hold
Compassionate leave records showing occasion, days and payment; Policy covering miscarriage and stillbirth; Payroll rule paying non-casuals at the base rate
What usually goes missing
Miscarriage not recognised as a permissible occasion; Casuals refused unpaid compassionate leave; Leave limited to 2 days per year instead of per occasion
Where this lands in an audit
In Equal Pay Auditor this control informs the same-work screen, the category figures and the remediation steps, which carry their article citations on the result.