Family & Domestic Violence Leave

​For many of us, it is difficult to comprehend that Domestic and Family Violence is a prevalent societal problem in Australia.  Sadly though, it is a major issue that does not discriminate based on gender, financial status, education level, cultural identity or age.  In response to this issue, one area of support that is now enshrined within our Modern Awards is a provision for leave to support those who need it most.

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As at 1 August 2018, all Modern Awards in Australia have been amended to include 5 days of unpaid family and domestic violence leave.   All employees covered by an award are entitled to access the leave with the exception of those covered by Enterprise Awards or State reference public sector Awards.

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 and /or causes them harm or fear.

​A family member includes:

• an employee's:
  
  • spouse or former spouse
    
  • de facto partner or former de facto partner
    
  • child
    
  • parent
    
  • grandparent
    
  • grandchild
    
  • sibling
• an employee's current or former spouse or de facto partner's child, parent, grandparent, grandchild or sibling, or
• a person related to the employee according to Aboriginal or Torres Strait Islander kinship rules. 
  
  

Employers have the right to ask for evidence that shows the employee took the leave to deal with family and domestic violence.   Employers must also take every reasonable step to ensure confidentiality however they must disclose information when required by law or where it is necessary to protect the life, health or safety of the employee or another person.

Please call or email if you would like any support introducing policies, informing your staff of this entitlement of any other assistance you may need navigating this change– we’re always here to help.  

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