This Policy outlines the leave and support entitlements offered to employees who are subject to domestic or family violence.

This policy has been prepared in response to the recent legislative change, effective from 1 August 2018, which requires all modern awards to include a clause that entitles all employees (including casuals) to five (5) days of unpaid domestic and family violence leave.

Award free employees are not yet entitled to unpaid domestic and family violence leave, but some businesses may find it administratively easier to implement this policy for all staff.

What is family or domestic violence leave?

Unpaid family or domestic violence leave will be available in the event that the employee needs to do something to deal with the impact of the family and domestic violence and it is impractical for them to do it outside their ordinary hours of work.

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

How to calculate and accrue the leave

Five days of unpaid leave will be available at the commencement of each 12 month period rather than accruing progressively during a year of service. The leave will not accumulate from year to year.

This entitlement is unique in that, the full 5 days of unpaid leave will be available to part-time and casual employees. This is different to some other forms of leave (eg annual leave) which are not provided at all to casual employees.

Options for employers

The policy also provides employers with an option to provide their employees with additional entitlements (above and beyond what is legislatively required). For example, employers may wish to provide paid domestic and family violence leave or allow their employees to access paid personal/carer’s leave entitlements for reasons related to domestic and family violence.

Before using or implementing the leave policy, please ensure that it is consistent with any enterprise agreement, contract, or award which applies to the employees in your workplace.