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.
Vicky Sims’ daughter Tiffany suddenly died aged 27. She was given just five days of bereaavement leave. (Supplied)
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.”
Sims has launched a petition to change the rules on bereavement leave – also known as compassionate leave – to what she said would be a “humane” period of 20 days.
She said because her daughter took her own life, she wasn’t even able to arrange a funeral for a week and a half.
Sims has launched a petition to change the rules on bereavement leave what she say would be a “humane” period of at least 20 days. (Supplied)
Rules on compassionate and bereavement leave
According to the Fair Work Ombudsman, employees can take compassionate leave “if a member of their immediate family or household dies, or contracts or develops a life-threatening illness or injury, a baby in their immediate family or household is stillborn they have a miscarriage, or their current spouse or de facto partner has a miscarriage”.
“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.
A spokeswoman for the Fair Work Ombudsman told 9news.com.au: “Compassionate leave (also known as bereavement leave) and sick and carer’s leave (also known as personal/carer’s leave) form part of the National Employment Standards (NES) in the Fair Work Act.
“An award, enterprise agreement or other registered agreement, contract of employment or workplace policy can provide additional entitlements to the NES.”
“Any worker who has with concerns and/or questions on workplace matters can also contact the Fair Work Ombudsman directly on 13 13 94.”When Chris Breen and his wife lost their baby when she was just six weeks old, they needed time to grieve. But while Breen, 55, was still able to take his planned three months of parental leave, his wife, who didn’t want her name published, was forced back to work. (Nine)
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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