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Understanding Family and Domestic Violence Leave

Overview of Family and Domestic Violence Leave

Family and domestic violence leave forms part of the Fair Work Act – National Employment Standards (NES). All employees (including casual employees) are entitled to 5 days unpaid family and domestic violence leave each year and does not accumulate from year to year.

The leave can be taken in full (all 5 days continuously) or taken as single or multiple days.

 

 

When can an employee access unpaid family and domestic violence leave?

An employee may access unpaid family and domestic violence leave if:

  • the employee is experiencing family and domestic violence; and
  • the employee needs to do something to deal with the impact of the family and domestic violence; and
  • it is impractical for the employee to do that thing outside the employee’s ordinary hours of work.

Notice and Evidence an employer can request

An employee must give notice to the employer as soon as practicable and must advise the employer of the period, or expected period, of the leave.

An employer can request evidence that would satisfy a reasonable person that the leave taken was to deal with family and domestic violence

Examples of types of evidence:

  • any court or police documents; or
  • report from a doctor; or
  • letter or email from family and domestic violence support services, or
  • a statutory declaration.

Confidentiality

Employers must ensure that information received from an employee concerning any notice or evidence provided to access unpaid family and domestic violence leave is treated confidentially, as far as it is reasonably practicable to do so.

Employers are not prevented from disclosing information provided by an employee if:

  • it’s required by Australia law, or
  • is necessary to protect the life, health or safety of the employee or another person.

Continuous service

When an employee takes unpaid family and domestic violence leave, it does not break their period of continuous service with the employer.

Need Help?

Ensure you are aware of your rights and obligations as an employer when managing unpaid family and domestic violence leave request or when you become aware of an employee experiencing family and domestic violence leave in the workplace. For advice and guidance on this call our Employer Advisory Service on 1300 116 400.

 


Got any Questions?

We’ll be happy to help. Complete the form and one of our trusted advisors will contact you.



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