From the 1 August 2018, all modern award covered employees will be entitled to take 10 days of unpaid domestic violence leave. Businesses will now need to determine how they will manage unpaid domestic violence leave in their workplace.
From August 1st unpaid domestic violence leave will become a compulsory entitlement for full-time, part-time and casual employees covered by modern awards. The final Domestic violence leave model clause has now been released by the Fair Work Commission and will be inserted into all modern awards.
All award covered employees will be entitled to 5 days unpaid domestic violence leave per year which will be available in full at the start of each 12-month period and will not accumulate from year to year. Unlike other leave entitlements it will not be pro-rata and therefore all employees will be entitled to the full 5 days regardless of their employment status.
Domestic violence leave may be taken if an employee needs to attend court hearings, access police services or if they are required to organise arrangements for their safety or the safety of a family member as a result of domestic violence.
In order to be eligible for domestic violence leave an employee must provide their employer with notice as soon as practicable, advising the length of the period of leave. Evidence requested may include a statutory declaration or documents from a court, support service or police.
Under this clause domestic violence will be defined as abusive, violent or threatening behaviour towards an employee by a member of their family.
“Family” will be defined as –
- A spouse, de facto partner, child, parent, grandparent, grandchild, or sibling of an employee
- A former spouse or de facto partner
- A child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the employee
- A person related to the employee according to aboriginal or Torres Strait Islander kingship rules
- The reference to a spouse or de facto partner includes a former spouse or de facto.
In light of these changes employers will need to determine how they will manage unpaid domestic violence leave within their own workplace and will need to create a domestic violence leave policy.
If you would like further information or require assistance in the management of unpaid domestic leave or the creation of a policy contact ABILITY GROUP on 02 9098 5500.
For further information, please refer to:
Title: Domestic Violence Leave Policy
Source: FWO
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