Blogs

Family & Domestic Violence Leave - 7th August 2018
Following a recent Fair Work
Commission (FWC) Full Bench Decision (See: [2018] FWCFB 3936) all employees who
are covered by an industry or occupation modern award may now take up to
five days of unpaid leave to deal with family and domestic violence (Family
and Domestic Violence Leave) per each 12 month period.
From the first full pay period on or after 1 August 2018, all employees covered
by an award with the new family and domestic violence leave clause are entitled
to five days of unpaid family and domestic violence leave each year of
their employment.
Employees are entitled to the full five days from the day they start work - they don't have to build it up over time.
The five days renews each 12
months but doesn't accumulate from year to year if it isn't used.
Family and Domestic Violence
Leave is in addition to existing leave entitlements such as paid
personal/carer's and paid annual leave.
The new award-based entitlement
does not apply to employees who are:
- covered by Enterprise awards;
- covered by State reference public sector awards;
- covered by enterprise and
other registered agreements; or
- not covered by an industry
or occupation modern award (such as award-free employees).
What is Family and Domestic Violence Leave?
Under the model clause, all employees
covered by an industry or occupation modern award (including casual employees)
may now take to up to five days of unpaid leave to:
- make arrangements for their
safety or the safety of a family member (including relocation);
- attend urgent court
hearings; or
- access police services.
The term family and
domestic violence means violent, threatening or other abusive behaviour
by a family member of an employee that seeks to coerce or control the employee
and that causes them harm or to be fearful.
The term family member is
defined broadly to include:
- a spouse, de facto partner
(including a former spouse or de facto partner), child, parent,
grandparent, grandchild or sibling of the employee; or
- a child, parent,
grandparent, grandchild or sibling of a spouse or de facto partner of the
employee; or
- a person related to the
employee according to Aboriginal or Torres Strait Islander kinship rules.
An employee wishing to take Family and Domestic
Violence Leave must give notice to their employer of the taking of leave as
soon as practicable (which may be after the leave has started). If required by
the employer, the employee must also give the employer evidence that would
satisfy a reasonable person that the leave is taken for the purpose of dealing
with family and domestic violence.
What about confidentiality?
Under the model clause, employers
have an obligation to take steps to ensure information concerning any notice an
employee has given, or evidence an employee has provided in relation to Family
and Domestic Violence Leave is treated confidentially, as far as it is
reasonably practicable to do so.
However, an employer may disclose
information provided by an employee if the disclosure is required by an
Australian Law or is necessary to protect the life, health or safety of the
employee or another person.
Employers are also encouraged to
consult with employees regarding the handling of this information concerning
Family and Domestic Violence Leave.
How do I ensure my business is compliant?
Employers must ensure they are
aware of the new entitlement and understand their obligations. Workplace
policies must be updated to ensure that this covers the Family and
Domestic Violence Leave.
In addition to understanding the
circumstances in which an employee may take Family and Domestic Violence Leave,
employers should also be aware that employees will be protected against any
form of adverse action they experience as a result of exercising their
workplace right to take Family and Domestic Violence Leave
Confidential guidance and support (including for people supporting victims of family or domestic violence) can be accessed through 1800RESPECT, the national sexual assault, domestic family violence counselling service.
For further details please visit https://www.fairwork.gov.au/leave/family-and-domestic-violence-leave