On the 12 December 2018, Family and Domestic Violence Leave entitlements were introduced into modern awards and the Fair Work Act 2009 (Cth).
As part of the National Employment Standards, employees are entitled to a minimum of five days of unpaid leave to deal with family and domestic violence matters. If an employee is experiencing family and domestic violence and need to deal with the impact of this, the employee may access this leave entitlement.
The leave may be accessed in one whole period, in single days or for part of a day, by agreement. Family and Domestic Violence leave is available in full at the commencement of employment and every twelve months thereafter. It is not accumulative from year to year.
An employee may seek access to such leave if they need to attend urgent court hearings or make arrangements for their safety or the safety of another family member.
There are specific notice and evidence requirements for employees who access this entitlement that must be met. An employee must give the employer notice of the taking of leave and this should be done as soon as practicable, which in some instances may be after the time the leave has started. The employee must also advise the employer of the period, or expected period of the leave.
If required by the employer, the employee must give the employer evidence that would satisfy a reasonable person that the leave was taken for the purpose of family and domestic violence matters. Depending on the circumstances, such evidence may include a document issued by the Police, a court or a family violence support service, or a statutory declaration.
Employers need to take steps to manage employee expectations in these sensitive circumstances. Similarly, employers should provide training to employees and managers and implement a policy and procedure detailing how to request/access Family and Domestic Violence leave and how confidentiality matters will be balanced with safety obligations of all employees.