Family & Domestic Violence Leave – Now Paid

Jenny had been looking quite stressed and taking time off work intermittently. Robert, her manager, concerned about her welfare, pressed her for more information. She quietly told him of her personal circumstances and the difficulties she was experiencing at home with her partner.

Robert stated he would assist and allowed Jenny both paid time off and unpaid time off in a fairly informal manner. He also allowed her to make up some work hours at other times.

Robert has now become aware of changes to the Family and Domestic Violence leave entitlement in the National Employment Standards.

He has formalised the arrangement with Jenny to ensure they both comply with the new arrangements.

So what are the new paid Family and Domestic Violence leave entitlements.

The NES provides an entitlement of 10 days paid leave in each 12 months of employment. There is no accrual period with the leave being available at the start of each 12-month period. Unused Family and Domestic Violence leave does not accumulate from year to year.

The leave may be taken if the employee (male or female) is experiencing family and domestic violence and they must undertake actions to deal with the impact and it is impracticable to take this action after hours requiring time off work.

Family and domestic violence is violent, threatening or other abusive behaviour by a close relative of an employee, a member of an employee’s household, or a current or former intimate partner of an employee, that seeks to coerce or control the employee and causes the employee harm or to be fearful.

It is recommended that employers put in place a process that tracks the taking of such leave. It is also important to keep any discussions with an employee in relation to this topic confidential. Even if an employee talks about it to others the employer must maintain privacy.

Please do not hesitate to contact me if you wish to discuss particular leave entitlements under an Award or the National Employment Standards