This article forms part of our series of blogs covering the National Employment Standards (NES). These are the minimum terms of employment that apply to those Australian workers who are part of the National Workplace Relations System (which is the vast majority of workers, refer here for more details), regardless of whether or not they are covered by an Award.
Whilst employers and employees can agree to terms that supplement the NES, they cannot provide for conditions that are less than the NES or the national minimum wage. The NES cannot be excluded, modified, or reduced; they form part of the “safety net” that covers the majority of Australian workers.
What Is Family and Domestic Violence Leave?
Family and domestic violence leave is a critical workplace entitlement designed to support employees dealing with situations of violence, abuse, or coercive control by a close relative, household member, or current/former intimate partner. This includes physical, emotional, psychological, financial, or technological abuse that causes harm or fear.
Under the NES, ALL employees (including full-time, part-time, and casual employees) are entitled to 10 days of paid family and domestic violence leave each year. This leave is available from the first day of employment and renews annually on the employee’s work anniversary. Unused leave does not carry over to the next year.
When Can This Leave Be Taken?
Employees can take this leave to address issues arising from family and domestic violence when it’s impractical for them to do so outside of work hours. Examples include:
- Making arrangements for personal or family safety, including relocation
- Attending court hearings or accessing police services
- Attending counseling or medical appointments
- Consulting with legal or financial professionals
The leave can be taken as a single day, multiple days, or even part-days by agreement between the employer and employee.
Payment and Pay Slip Requirements
Employees are paid their full rate of pay for the hours they would have worked if not on leave. This includes base pay plus any loadings, allowances, overtime, penalty rates, bonuses, or incentive payments.
To protect employee privacy, pay slips must not mention family and domestic violence leave. Instead, the time should be recorded as ordinary hours or another type of payment. If the employee requests, the leave can be recorded as another type of leave, such as annual leave.
Notice and Evidence Requirements
Employees should inform their employer as soon as possible if they need to access this form of leave (given the nature of the leave, it is acknowledged that notification in advance may not always be possible). Employers can request evidence to confirm the need for leave, which may include:
- A statutory declaration
- Documents from a police service or court
- Documents from a family violence support service
Employers must keep any information provided confidential, using it only to verify the employee’s entitlement unless required by law or necessary to protect life, health, or safety.
Best Practices for Employers
To support employees effectively, we suggest that businesses consider:
- Developing a clear policy, outlining the entitlement and process for workers seeking to access family and domestic violence leave.
- Appointing a confidential Contact Person, to handle relevant leave requests and maintain confidentiality (ensuring of course that the designated person is aware of requirements).
- Providing training for managers, to inform them of the entitlement and related requirements, recognise potential signs of domestic violence and know when and how to respond appropriately.
- Promoting awareness, by informing employees of their rights and available support services, such as the business’s Employee Assistance Program (if available), or external support options such as 1800RESPECT.
For more guidance, refer to the Fair Work Ombudsman’s Employer Guide:
https://www.fairwork.gov.au/leave/family-and-domestic-violence-leave/employer-guide-to-family-and-domestic-violence
Support Services
If you or someone you know is experiencing domestic, family, or sexual violence, contact 1800RESPECT at 1800 737 732 or visit https://www.1800respect.org.au for confidential counseling and support.
Need Further Support?
If you need help understanding and meeting your obligations as an employer, feel free to contact us for support.
This article provides general information which we believe to be correct at the time of posting. It is a summary and must not be considered complete, professional or legal advice. If you’re an employer and need support that takes into account your particular circumstances, please contact us directly.
