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Domestic violence leave takes effect from 1 August 2018

From 1 August 2018, all employees covered by industry and occupational modern awards will have access to a new form of leave to deal with family and domestic violence. The new entitlement follows the Fair Work Commission’s decision in July 2017 to reject the ACTU’s claim for 10 days’ paid leave.

Workers will be entitled to five days’ unpaid leave, accessible where an employee is experiencing family and domestic violence and:

  1. the employee needs to do something to deal with family and domestic violence; and
  2. the employee cannot attend to these matters outside ordinary hours of work.

Relevant matters include making arrangements for their safety or the safety of a family member (including relocation), attending urgent court hearings, or accessing police services.

The new entitlement differs from standard forms of leave under the Fair Work Act 2009 (C’th) because it applies to all employees, both casual and permanent, and is available as a full 5 days at the beginning of each 12 month period of an employee’s employment. The leave does not accumulate from year to year.

The employer has an obligations to ensure that information collected in relation to the taking of domestic violence leave remains confidential, as far as possible.



This article is general information only and is not legal advice nor should it be taken to be. To obtain legal advice specific to your circumstances please contact Bell Legal Group on 07 5597 3366 or by email to law@belllegal.com.au