Sorry Business Leave Entitlement: Fair Work Rules and How to Request Cultural Leave

What the Fair Work Act Actually Gives You

Under the National Employment Standards, full-time and part-time employees covered by the national workplace relations system are entitled to two days of paid compassionate leave per occasion of death of an immediate family member or household member. Casual employees covered by the NES get two days unpaid.

For Sorry Business, that's almost never enough.

The classificatory kinship system in Aboriginal and Torres Strait Islander communities means "family" extends far beyond the Western legal definition. A person may have multiple classificatory mothers, fathers, and siblings — each carrying the same level of cultural obligation as a biological immediate relative. When an Elder or community leader passes, the kinship obligations can pull dozens of people away from work for weeks.

The Fair Work Ombudsman recognises that Sorry Business can involve broader kinship obligations, but the National Employment Standards compassionate-leave entitlement applies to an immediate family or household member. Other relatives may qualify if they are household members or if the employer agrees. Two days of paid leave still may not cover a mourning period that lasts weeks or involves travel across the country.

Building a Leave Request Beyond Two Days

The gap between your legal minimum and what Sorry Business actually requires has to be filled from other sources. Here's what's available:

Annual leave and long service leave can be used to extend the absence, though this burns entitlements that were earned for other purposes.

Unpaid cultural or ceremonial leave is available under some enterprise agreements and workplace policies. This is the most important document to check — many public sector employers, universities, and larger organisations have specific Sorry Business or cultural leave clauses that go well beyond the NES minimum.

Community service leave under the NES covers jury service and emergency management, not Sorry Business directly. But some enterprise agreements have broadened this category.

Flexible working arrangements may allow a phased return — working remotely from Country for part of the mourning period, or shifting to reduced hours while obligations continue.

How to Structure the Request

The request should do three things: establish the cultural obligation, cite the specific leave provisions that apply to your workplace, and propose a realistic timeline.

Start by checking your enterprise agreement or workplace policy. Many agreements in the public sector include specific provisions for Aboriginal and Torres Strait Islander cultural leave that may provide additional leave beyond the NES minimum. The policy may use terms like "ceremonial leave," "cultural leave," or "sorry business leave." If your workplace has a Reconciliation Action Plan, it may also reference extended bereavement provisions.

When approaching your manager or HR, frame the conversation around the nature of the obligation. Sorry Business is not a choice — it's a binding cultural duty that carries serious consequences within the community if unfulfilled. The Fair Work Ombudsman's published resources specifically advise employers to understand this distinction and to support First Nations employees with flexibility.

A written request should include: the nature of the bereavement, the approximate duration needed (acknowledging Sorry Business timelines are often uncertain), which leave entitlements you're drawing on (paid compassionate leave first, then enterprise agreement cultural leave, then annual leave or unpaid leave), and a proposed communication plan for your absence.

What Employers Should Know

If you're an HR manager or team leader and an employee comes to you with a Sorry Business leave request, the most common mistake is applying the standard two-day compassionate leave framework and expecting the person back on day three.

The Fair Work Ombudsman's fact sheet on supporting First Nations employees during Sorry Business is clear: employers should recognise that the classificatory kinship system creates obligations that extend well beyond the nuclear family, and that Sorry Business may require weeks of absence including travel.

Practical steps for employers:

• Check the applicable award, enterprise agreement, and workplace policy rather than assuming a Western-defined family relationship captures the cultural obligation; any evidence request should be reasonable
• Be flexible on duration — the timeline is genuinely uncertain and depends on cultural and logistical factors outside the employee's control
• Maintain the employee's role and conditions — returning from Sorry Business to a restructured position compounds the distress
• Respect confidentiality about the details of ceremonies and cultural practices

Getting the Full Framework

The Aboriginal Sorry Business Guide includes a Workplace Leave Request Builder — a structured template that draws on Fair Work Act provisions and progressive enterprise agreement standards to help you make a clear leave request to your employer, with supporting references to the cultural obligations involved.