Family, domestic and sexual violence is a major national health and welfare issue that can have lifelong impacts for victims and people who use violence (perpetrators). According to the Australian Bureau of Statistics 2016 Personal Safety Survey, 2.2 million Australians have experienced physical and/or sexual violence from a partner and 3.6 million Australians have experienced emotional abuse from a partner.  

Recently the FairWork Commission has backed a move to increase the number of days of paid domestic violence leave employees are entitled to, This sees a potential doubling of the five days introduced in 2018 to 10 days.

The National Employment Standards provide that employees are entitled to leave to deal with family and domestic violence arising from violent, threatening and other abusive behaviour from a close relative.

What is the leave entitlement?

All  employees are entitled to five days of unpaid and domestic violence leave each year. The full five days commence when the employment is commenced, and it doesn’t need to be built up like annual leave.

What can employees take the leave for?

The leave is designed to for employees if they need to do something to deal with the impact of domestic violence and that cannot be done outside of normal working hours.

This can include:

• Making arrangements for their safety

• Attending court hearings

• Accessing police services

What notice does an employee have to give their employer?

If an employee wishes to take any leave then they need to give notice to their employer as soon as is practicable. They must also advise of the expected duration of the leave that they will need.

Can the employer ask for evidence to support the leave?

The employee is obliged to provide to their employer evidence to substantiate the leave request. The evidence only needs to convince a reasonable person that the employee took the leave to deal with domestic violence.

The need for leave can be evidence by:

• Documents issued by the Police or a Court

• Documents from a support service; or

• A statutory declaration

What about confidentiality?

Employers are required to take reasonably practicable steps to keep any information they have about and employees’ situation confidential when it is received for an application for leave. It is important that any information received by an employer is treated sensitively and support for the employee is provided.

Need to know more?

Further information on family or domestic violence leave entitlements can be found on the FairWork Commission website at www.fairwork.gov.au

If you or a loved one are experiencing family or domestic violence, there are support groups who can provide assistance, such as the Victorian Government’s Safe Steps program 1800 015 188 of the Men’s Referral Service 1300 766 491.

If you are in immediate danger, you should call 000 and ask for Police.

If you need advice or legal assistance regarding any family or domestic violence matter, then please contact our office and we will gladly assist you.