New unpaid family & domestic violence leave entitlement in awards

Further to our previous updates, most employees can now take unpaid leave to deal with family and domestic violence.

The Fair Work Commission have updated all industry and occupation awards to include a new clause about family and domestic violence. This new clause applies from the first full pay period on or after 1 August 2018.

Who does it apply to?

The new entitlement applies to all employees covered by an industry or occupation award.

It doesn't apply to employees who are:

  • covered by Enterprise awards
  • covered by State reference public sector awards
  • covered by enterprise and other registered agreements
  • award and agreement free.

What's the new entitlement?

Employees covered by an award with the new clause are entitled to 5 days of unpaid family and domestic violence leave each year. Family and domestic violence means violent, threatening or other abusive behaviour by an employee's family member that:

  • seeks to coerce or control the employee
  • causes them harm or fear.

Employees can take the leave if they need to deal with the impact of family and domestic violence and it's impractical to do so outside their ordinary hours of work.

Need help with Family & Domestic Violence?

Confidential information, counselling and support for people impacted by domestic and family violence is available at the 1800 RESPCT website (https://www.1800respect.org.au), the national sexual assault, domestic and family violence counselling service.

Need help with HR and compliance?

Talk to the HR Experts at Workforce Guardian.

Article date: 22/8/2018