Effective 1 August 2018, all employees covered by modern awards, including full?time, part?time, and casual staff, are entitled to unpaid domestic violence leave. Businesses must now consider how they will manage this entitlement within their workplace policies.
The Fair Work Commission has released the final model clause, which will be inserted into all modern awards. Under this clause:
- Employees are entitled to 5 days of unpaid domestic violence leave per year.
- The entitlement is available in full at the start of each 12?month period.
- Leave does not accumulate from year to year.
- It is not pro?rata, meaning all employees receive the full 5 days regardless of employment status.
Purpose of Domestic Violence Leave
Employees may take this leave if they need to:
- Attend court hearings.
- Access police or legal services.
- Make arrangements to ensure their own safety or the safety of a family member.
Notice and Evidence Requirements
To access domestic violence leave, employees must:
- Provide notice to their employer as soon as practicable, including the expected length of leave.
- Supply evidence if requested, which may include a statutory declaration, court documents, or records from police or support services.
Definition of Family
For the purposes of this clause, “family” includes:
- A spouse, de facto partner, child, parent, grandparent, grandchild, or sibling.
- A former spouse or de facto partner.
- Relatives of a spouse or de facto partner (child, parent, grandparent, grandchild, or sibling).
- A person related under Aboriginal or Torres Strait Islander kinship rules.
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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