FAMILY AND DOMESTIC VIOLENCE LEAVE UPDATE

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FAMILY AND DOMESTIC VIOLENCE LEAVE UPDATE

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The Changes

On Thursday 12 December 2018, Parliament passed the Fair Work Amendment (Family and Domestic Violence Leave) Bill 2018. This Bill amends the National Employment Standards (NES) to provide an entitlement of up to five (5) days of unpaid family and domestic violence leave.

The Bill follows the efforts of the Fair Work Commission, which inserted a clause providing the same entitlement in all modern awards effective as at August 2018.

By including this entitlement in the NES, all employees covered by the Fair Work Act 2009 (Cth) will have access to the leave entitlement.

The NES amendment is in the same terms as the modern awards clause and provides all employees (including casuals) with an entitlement to five (5) days of leave at the commencement of each twelve (12) month period. These entitlements do not accrue.

Evidence requirements

An employer can ask their employee for evidence that shows the employee took the leave to deal with family and domestic violence.

Evidence includes:

  • Documents issued by the police service;
  • Documents issued by a Court;
  • Family violence support service documents; or
  • A statutory declaration.

Confidentiality

Employers are required to take reasonable and practicable steps to keep any information about an application for leave confidential.

Domestic Violence Line

If you’re experiencing domestic violence, there are services available to help you. The following domestic violence helpline will connect you with the right service for your needs or provide a listening ear.

Phone: 1800 65 64 63

www.domesticviolence.nsw.gov.au/home

 

O’Brien Winter Partners welcome the above changes and encourage you to contact our office on 02 4949 2000 or email admin@owplaw.com.au so that we may assist you or discuss any questions that you may have about an employment matter.

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