All employees are able to access five days of unpaid family and domestic violence leave each year, under amendments to the Fair Work Act.
Many employees already had a right to unpaid family and domestic violence leave under their Awards. With the amendments to the Fair Work Act, employees covered by Enterprise Agreements and Award-free employees now also have the benefit of family and domestic violence leave.
Family and domestic violence leave entitlements
An employee will be entitled to five days of unpaid leave during each year of their employment, in situations where:
- They are experiencing family and domestic violence
- They need to do something to deal with the impact of that violence, and
- It is impractical for them to do so outside of their ordinary work hours.
Both permanent and casual employees are entitled to take the leave. Each employee is entitled to five days of leave (regardless of whether they are full time, part time or casual), from the commencement of each 12 month period of their employment. Unlike personal leave, the leave does not accrue from year to year.
The Fair Work Ombudsman has a useful guide for employers on family and domestic violence leave.
We recommend that businesses review their leave policies and employment agreements, to ensure that their policies comply with these leave provisions.
How can Sharrock Pitman Legal assist?
Here at Sharrock Pitman Legal, we are Accredited Commercial Law and Family Law Specialists. We have a team of experienced employment lawyers who can guide you through any queries or issues you may be facing. Call us on 1300 205 506 or alternatively complete the form below.
The information contained in this article is intended to be of a general nature only and should not be relied upon as legal advice. Any legal matters should be discussed specifically with one of our lawyers.
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Samuel is a Legal Practitioner at Sharrock Pitman Legal.
He deals with areas of Commercial Law, Employment Law and Charities & Not for Profit Law. For further information, contact Samuel on his direct line (03) 8561 3316.